Informe provisional - Informe núm. 27, 1958

Caso núm. 157 (Grecia) - Fecha de presentación de la queja:: 14-DIC-56 - Cerrado

A. A. The complainants' allegations

1. 294. The first complaint, dated 14 December 1956, was addressed directly to the I.L.O by the Ionian Bank Employees' Association. Subsequently, and jointly or separately, a series of complaints were received by the Office which contained essentially the same allegations. These complaints emanated from the following organisations : complaint dated 14 December 1956 presented jointly by the Greek Automobile Workers' Federation and the Greek Mineworkers' Federation ; complaint dated 17 December 1956 presented by the Salonica Union of Commercial Employees and other organisations ; complaint dated 12 January 1957 presented by the Greek National Bank Employees' Association ; complaint dated 24 December 1956 presented by the Pan-Hellenic Federation of Workers in Electrical and Public Utility Undertakings and other organisations. The total number of complaining organisations amounted to 25.
2. 295. By a communication dated 26 January 1957 the Greek Automobile Workers' Federation furnished further information in substantiation of its complaint. The Ionian Bank Employees' Association presented further information in substantiation of its complaint by two communications in the course of January 1957. In addition, on 29 May and 4 October 1957 (the latter date being the one on which the Office received an undated communication), Mr. Tsakiris, former General Secretary- of the Ionian Bank Employees' Association, furnished further information in substantiation of the complaint presented by the Association.
3. 296. As the various complaints, as well as the further information subsequently furnished in substantiation thereof, relate essentially to the same alleged matters, they may conveniently be analysed together.
   • Allegations relating to the Dismissal of Mr. Tsakiris, General Secretary of the Ionian Bank Employees' Association
4. 297. The complainants allege that on 29 November 1956, following a decision taken on 22 November by the Loyalty Committee instituted by Act No. 516/1948, the Ionian Bank dismissed Mr. Evangelos Tsakiris, General Secretary of the Ionian Bank Employees' Association. They contend that " loyalty " could not have been invoked in this case except as a pretext and that the real reason for the dismissal of Mr. Tsakiris lay in the trade union activities that he carried on.
5. 298. In support of their allegation the complainants declare that on 27 July 1956, after lengthy deliberations and under the threat of a strike, the Board of the Ionian Bank promised its staff that it would grant them a loan equal to the remuneration of 15 working days. They state that on the evening of the same day the Bank obtained from police headquarters a document which made it appear that the trade union activities of Mr. Tsakiris were " clearly dangerous ", and that, on the following day, the Bank asked the Loyalty Committee to give a decision which would enable his employers to dismiss Mr. Tsakiris.
6. 299. Further, according to the complainants, the chief of personnel of the Ionian Bank stated to Mr. Tsakiris that his employers would prefer to pay him his remuneration without his working rather than see him return to the Bank.
7. 300. The complainants call upon the I.L.O to intervene, with the object, firstly, of securing the cancellation of the dismissal of Mr. Tsakiris, and, secondly, of persuading the Government to repeal Act No. 516/1948, which they consider to be anti-Constitutional and anti-democratic.
8. 301. In a later communication containing further information in substantiation of the complaints originally submitted, the complainants declare that Mr. Tsakiris appealed to the Loyalty Committee of Second Instance against the decision of his local Committee of First Instance, but that the Committee of Second Instance refused to hear the witnesses called by Mr. Tsakiris and-after having unanimously accepted the version of the facts given by Mr. Tsakiris nevertheless confirmed the decision of the Committee of First Instance because it was " tied by the C.I.D paper ". Thus the removal of Mr. Tsakiris from his office became finalised.
9. 302. Finally, in a communication received from him on 4 October 1957, Mr. Tsakiris states : " The personnel chief of the Ministry of Labour whose duty it was to reply to the letters received from you, in which you asked for information with reference to my case, conferred with the personnel chief of the Ionian Bank and wrote to you in accordance with suggestions made by the latter." Mr. Tsakiris declares that he takes full responsibility for this denunciation, in complete awareness of its seriousness, and that he can prove the truth of it by means of witnesses.
   • Allegations relating to the Dismissal of Messrs. Maleas and Alevras, Employee of the Greek Telephones and Telegraphs and President of the Greek Bank Employees' Association, Respectively
10. 303. In his communication referred to in the preceding paragraph Mr. Tsakiris states that two other persons have been dismissed from the posts which they occupied on the same pretext as was invoked in order to effect his own dismissal : Messrs. E. Maleas and J. Alevras, employee of the Greek Telephones and Telegraphs (O.T.E) and President of the Greek Bank Employees' Association, respectively.
11. 304. With regard to Mr. Maleas the complainant states that he was accused of having been in the forefront in the presentation of collective demands to O.T.E with respect to the payment of remuneration which was due and of having denounced to the judicial authorities the appointed administration of his association because, with the aid of the judicial representative, it had endeavoured to falsify the elections for the purpose of choosing representatives to attend the congress of the Athens Labour Centre.
12. 305. The case of Mr. Alevras is not a case of actual dismissal. It is alleged that he was forced to resign in consequence of an intervention made by the President of the Government. More specifically, it is contended that the Director of the Political Office of the Government, Mr. Kontas, summoned Mr. Paparodopoulo, General Secretary of the Greek Bank Employees' Association, and demanded, by order of the President of the Government, the resignation of Mr. Alevras, failing which, he is alleged to have said, no action would be taken on any claims submitted by the Association in the future.
    • Allegations relating to Discriminatory Measures against the Greek Automobile Workers' Federation
13. 306. One of the complainants-the Greek Automobile Workers' Federation alleges that the Greek General Confederation of Labour is making every effort to cause the administration of the complaining organisation to resign and give way to a provisional committee to be appointed by the administration of the Confederation. The complainants declare that the legality of the election of their organisation's management committee by the Eighth Pan-Hellenic Congress in 1955 has been upheld by the courts, which rejected appeals by the Confederation contesting the validity of the election.
14. 307. The means of pressure used by the General Confederation of Labour in order to force the Greek Automobile Workers' Federation to give way are alleged to include measures intended to deprive the Federation of its financial resources. The complainants declare that, pursuant to Act No. 3239/55 and as the result of the signature of a collective agreement, a contribution by organised workers to the trade unions was instituted which took the form of a deduction from the wages of all the workers in the country for the first of May in every year, but that the Social Insurance Institution (I.K.A.), which was given the task of collecting this contribution and allocating it to the trade unions according to an established scale of percentages, illegally held back the amount due to the complaining Federation, on the intervention of the General Confederation of Labour. Despite repeated protests by the Federation to the Government and especially to the Minister of Labour, it is alleged, the exclusion of the Automobile Workers' Federation continued, by reason of the influence exercised by the General Confederation of Labour on the management of the Social Insurance Institution, of which it is a member.
15. 308. In conclusion, the complaining organisation calls upon the I.L.O to take the necessary measures in order to cause the administration of the Greek General Confederation of Labour to revise the attitude which it has adopted.
16. 309. All the complaints referred to above, and also the subsequent documents containing further information, were communicated to the Government by letters dated 3, 8, 18 and 25 January, 11 February, 13 March, 17 June and 10 October 1957.
    • ANALYSIS OF THE REPLIES
17. 310. The Government forwarded its observations on the complaints communicated to it by two letters dated 29 January and 3 October 1957.
    • Analysis of the First Reply (Communication of 29 January 1957)
18. 311. The Government admits that Mr. Tsakiris was dismissed from the bank at which he had been employed following a recommendation by the Loyalty Committee competent with respect to workers of his category, and points out that when he was engaged by the bank in November 1949 he omitted to furnish a " loyalty certificate " as he ought to have done.
19. 312. The Government goes on to state that the duties and composition of the Loyalty Committees are governed by Act No. 516/1948 (Official Gazette, No. 6, 8 Jan. 1948, Vol. A) relating to verification of the loyalty of officials, employees of public law corporations, mayoral staffs, employees of banks operating as limited companies and employees of bodies subsidised by the State.
20. 313. Article 5 of this Act, adds the Government, provides for the institution of Loyalty Committees of Second Instance, consisting of higher grade magistrates and senior officials. In accordance with this provision Mr. Tsakiris has appealed to one of the committees of second instance, which will deal with his case in the near future.
21. 314. After stating its intention of furnishing information as to the outcome of the further proceedings when they are concluded, the Government suggests that, in the meantime, the examination of the case might be adjourned.
    • Previous Decisions of the Committee
22. 315. At its 16th and 17th Sessions (Geneva, February and May 1957), the Committee decided to adjourn its examination of the case until it has information as to the outcome of the appeal proceedings instituted by Mr. Tsakiris.
    • Analysis of the Second Reply (Communication of 3 October 1957)
23. 316. In its second reply the Government begins by giving details of the composition of the Loyalty Committee of Second Instance before which Mr. Tsakiris lodged his appeal. The membership of this committee is constituted as follows : Mr. M. Pantelis, Areopagite, as Chairman ; Mr. D. Magioros, Legal Adviser in the Ministry of Transport and Public Works, acting as deputy member (the regular member, Mr. J. Bizimis, Legal Adviser in the Ministry of Justice, being unable to participate) ; Mr. Camberis, member of the Court of Appeal, representing the regular member, Mr. A. Costiris, who was promoted President of the Court of Appeal; Mr. N. Spyropoulos, Police Director " A ", deputy member (the regular member, Mr. N. Tsaoussis, Police Director " A ", being unable to participate) ; regular member Mr. L. Sperantzas, Director-General of the Ministry of Justice. The Government then states that the Committee of Second Instance, thus constituted, met on 11 April 1957, in the presence of its secretary, Mr. Germanos, Judicial Secretary, Areopagus, in order to give a decision on the appeal of Mr. Tsakiris.
24. 317. By Decision No. 33/57 the Loyalty Committee of Second Instance dismissed the appeal of Mr. Tsakiris on the ground that both his old as well as his recent activities proved him to be a disloyal citizen. There being no further right of appeal, the Government states that the dismissal of Mr. Tsakiris thus became final.
25. 318. The Government goes on to recall that the Greek Communist Party, by virtue of Act No. 539/1947, was declared illegal, owing to the fact that it had organised armed revolt against the legal Government, carried on various antinational activities and created disorder in the country which had cost the lives of thousands of persons. It states, however, that the creation of a political party bearing a different label but including persons inspired by Communist ideas was allowed and that this party is represented in the Greek Parliament. The Government points out that it is not Communist ideology as such which is in fact prohibited but participation in anti-national activities aimed at the revival of the revolutionary policy of the old Greek Communist Party.
    • The Government's reply would seem to imply the ground that he had participated in similar activities and not because of his' political opinions or of his legitimate trade union activities.

B. B. The Committee's conclusions

1. 319. In view of the diverse nature of the different allegations, they are dealt with separately below.
   • Allegations relating to the Dismissal of Mr. Tsakiris, General Secretary of the Ionian Bank Employees' Association
2. 320. The complainants allege that, after various demands had been sub-mitted by the association representing its staff, accompanied by threats of strike action, the management of the Ionian Bank secured from the Loyalty Committee a decision to the effect that Mr. Tsakiris, General Secretary of the Bank Employees' Association, was a " disloyal " citizen, which permitted the employers to dismiss Mr. Tsakiris. According to the complainants this dismissal was the direct consequence of the trade union activities that he had carried on. The Loyalty Committee of Second Instance, to which the person concerned appealed, confirmed the :decision of the Committee of First Instance.
3. 321. The Government: denies that the decisions of the Loyalty Committees of First and Second Instance were based on the trade union activities of Mr. Tsakiris ; it affirms on the contrary that they were based solely on the anti-national activities in which he had engaged.
4. 322. The loss of his employment in the Ionian Bank meant that Mr. Tsakiris was obliged automatically to give up his trade union functions. This consequence would appear to ensue by virtue of the application of Legislative Decree No. 3072 of 1954 (Official Gazette, 9 Oct. 1954), which contains a provision to the effect that members of the executive committee of a trade union automatically lose that capacity when they cease to perform duties in the employment category which they represent. In an earlier case the Committee has already had occasion to express its views on this provision, which at that time existed only in a Bill. On that occasion the Committee observed that, when the provision in question came to be considered in conjunction with the provisions of Decree No, 2510 of 1953 which abrogated with respect to certain banks the legislative provisions protecting trade union officers of bank employees' associations against dismissal, the result was that a member of the executive committee of a union who was dismissed by the management of one of the banks concerned would lose not only his employment but also his right to participate in the administration of his trade union. On the recommendation of the Committee the Governing Body drew the attention of the Greek Government to the effect that, if the Bill in question should become law, it would enable the managements of certain banks to interfere with the right of the workers to elect their representatives in full freedom, a right which constitutes one of the essential aspects of freedom of association.
5. 323. In a letter dated 10 February 1955 the Greek Government stated that this provision, which was only a draft when the complaint examined in the case referred to above was presented, had been embodied in Legislative Decree No. 3072 of 1954, prior to the date on which the Governing Body took its decision. The Government added that it was re-examining the provision. In a second letter dated 30 April 1955 the Government stated that it had decided to amend the provision in the near future and that it would, in a short time, forward the new legislative text to be adopted with reference to the matter in question.
6. 324. No such text having so far been received by the Office, it is to be assumed that the Legislative Decree, to the possibility of the detrimental consequences of which the Committee and the Governing Body have already drawn attention, is still in force. In these circumstances the Committee affirms the observations which it made when it examined the case referred to above and recommends the Governing Body to urge the Greek Government once again to consider amending its legislation in the near future in order to bring it into harmony in this connection with the principle that no hindrance should be placed in the way of the exercise by the workers of their right to elect their representatives in full freedom.
7. 325. The Committee also notes that the decision which appears to have made the dismissal of Mr. Tsakiris possible was given by a special body and not by one of the ordinary courts. The Loyalty Committees in fact were instituted by Act No. 516/1948, which may be regarded as analogous to national security legislation. In many cases in which it has had before it complaints of alleged infringements of freedom of association under a state of siege or emergency or by virtue of national security legislation, the Committee, while indicating that it is not called upon to comment on the necessity for or desirability of such legislation, which is a purely political consideration, has always taken the view that it must consider what repercussions the legislation might have on trade union rights. There appears to be no doubt that there have been repercussions of this kind in the present case. It was in fact following the stigmatisation of Mr. Tsakiris as a " disloyal " citizen by the Loyalty Committee that the Ionian Bank, on the basis of that decision, was able to dismiss him, with the result that he lost his employment and the right to perform his important trade union functions.
8. 326. The Loyalty Committees are administrative tribunals. This is clear from the Government's replies-in particular it gives details of the composition of the Committee of Second Instance which heard the appeal of Mr. Tsakiris. That committee had among its members a number of judicial personnel, among them the Chairman, but it also included a considerable proportion of officials of different Ministries and of police. According to the Government the function of the Loyalty Committees is to verify the loyalty of officials, employees of public corporations, mayoral staffs, employees of banks operating as limited companies and staffs of organs subsidised by the State.
9. 327. In all the cases in which it has been alleged that trade unionists have been the subject of measures or decisions emanating from organs of an exceptional character, the Committee has always recalled the importance which it attaches to the principle that trade unionists, like all other persons, should enjoy the guarantees afforded by due process of law. In the present case the Committee notes, firstly, that the decision indirectly affecting Mr. Tsakiris was taken by an administrative tribunal and, secondly, that, although there is provision for an appeal, such appeal lies only to another administrative tribunal. In these circumstances, considering that the system described by the Government may not be accompanied by adequate judicial guarantees, the Committee recommends the Governing Body to request the Director-General to obtain from the Greek Government all necessary information concerning the procedure followed by the Loyalty Committees of First and Second Instance, the guarantees attending such procedure and, especially, the means of defence available to trade unionists brought before the Loyalty Committees and whether or not the Loyalty Committees have to give the reasons on which their decisions are based.
10. 328. Moreover, in several earlier cases, the Committee has been called upon to formulate conclusions on the application of measures which, even though of a political character and not intended to restrict trade union rights as such, as the Government here states to be the case, may nevertheless affect the exercise of such rights. The Committee considers that as the person concerned in the present case had trade union responsibilities the measure taken with regard to him was likely, even if that were not intended, to affect the exercise of trade union rights and did in fact affect such exercise. If in certain cases the Committee has reached the conclusion that allegations relating to measures taken against trade union militants did not call for further examination, this has been after it has received information from the governments showing sufficiently precisely and with sufficient detail that the arrests were in no way occasioned by trade union activities but solely by activities outside the trade union sphere which were either prejudicial to public order or of a political nature.
11. 329. In the present case the Government simply affirms that Mr. Tsakiris was declared " disloyal " by the Loyalty Committees of First and Second Instance by reason of the anti-national activities in which he had been involved ; it does not specify, however, what these anti-national activities were. In these circumstances, and having regard to the fact that the decision of the Loyalty Committee and the dismissal ensued at a moment when the association of which the person concerned was General Secretary had presented demands backed by a threat of strike action, the Committee considers it necessary, before it can reach conclusions in full knowledge of all the circumstances and make final recommendations to the Governing Body, to obtain more detailed information as to the precise reasons on which the decision of the Loyalty Committee was based and as to the specific activities of which Mr. Tsakiris was accused. The Committee therefore recommends the Governing Body to ask the Director-General to obtain the above supplementary information from the Greek Government.
    • Allegations relating to Measures Taken against Messrs. Maleas and Alevras, Employee of the Greek Telephones and Telegraphs and President of the Greek Bank Employees' Association, Respectively
12. 330. The complainants allege that Mr. Maleas, an employee of the Telephones and Telegraphs, was dismissed under the same circumstances as Mr. Tsakiris and on the same pretext ; they also allege that, following pressure by the Government, Mr. Alevras, President of the Greek Bank Employees' Association, was obliged to resign.
13. 331. The communication dealing with these aspects of the case was transmitted only recently to the Government, which has not yet had sufficient time to present its observations thereon. In these circumstances the Committee will await the Government's reply on the questions raised in this part of the case before it makes its recommendations thereon to the Governing Body.
    • Allegations relating to Discriminatory Measures against the Greek Automobile Workers' Federation
14. 332. The Greek Automobile Workers' Federation alleges that it is the subject of pressure on the part of the Greek General Confederation of Labour, which wishes the executive committee of the Federation to resign and to be replaced by a provisional committee appointed by the Confederation. Among the measures of pressure exerted, it is alleged, is the fact that the Confederation and the Social Insurance Institution, in the management of which the Confederation plays an important part, have acted in such a manner as to deprive the Greek Automobile Workers' Federation of its financial resources.
15. 333. The Committee notes that the Government has refrained in its various replies from presenting any observations on this part of the case. In these circumstances, without prejudging at this stage the question whether these allegations are receivable, the Committee recommends the Governing Body to request the Government of Greece to be good enough to forward its observations on the matters raised therein.

The Committee's recommendations

1. 334. In these circumstances the Committee recommends the Governing Body:
   • (a) to emphasise the importance which it attaches to the principle that no hindrance should be placed in the way of the exercise by the workers of their right to elect their representatives in full freedom ; to draw the attention of the Greek Government accordingly to the fact that the legislation in force--and, particularly, Legislative Decree No. 3072 of 1954, in conjunction with Decree No. 2510 of 1953-may enable the managements of certain banks to interfere with the right of the workers to elect their representatives in full freedom, a right which constitutes one of the essential aspects of freedom of association, and to urge the Government to take the action envisaged in its communication of 30 April 1955 for the amendment of its legislation in order to bring it into harmony with the principle referred to above ;
   • (b) to reaffirm the importance which it attaches to the principle that trade unionists who are proceeded against before a body other than one of the ordinary courts should, like all other persons, enjoy the guarantees afforded by due legal process, and to obtain from the Greek Government all necessary further information concerning the procedure followed by the Loyalty Committees of First and Second Instance, the guarantees attending such procedure and, especially, the means of defence available to trade unionists brought before the Committees and whether or not the Committees have to give the reasons on which their decisions are based ;
   • (c) to ask the Greek Government for more detailed information as to the precise reasons on which the decisions of the Loyalty Committees of First and Second Instance with regard to the case of Mr. Tsakiris, which were taken at a time when strike action by the organisation of which he was General Secretary was under consideration, were based and as to the specific activities of which Mr. Tsakiris was accused ;
   • (d) to ask the Greek Government to forward its observations on the allegations relating to the measures taken with respect to Messrs. Maleas and Alevras ;
   • (e) without prejudging the receivability of the allegations relating to the Greek Automobile Workers' Federation to ask the Greek Government for its observations concerning the measures of discrimination of which the Greek Automobile Workers' Federation is alleged to have been the victim ;
   • (f) to take note of the present interim report of the Committee, it being understood that a further report will be made to the Governing Body when the information requested of the Greek Government has been received.