Rapport définitif - Rapport No. 11, 1954

Cas no 59 (Royaume-Uni de Grande-Bretagne et d'Irlande du Nord) - Date de la plainte: 01-MARS -53 - Clos

A. A. The complainants' allegations

• Analysis of the Complaint
  57. 57 The complainant alleges that the mining employers in Cyprus refuse to recognise the miners' trade union rights, and, more specifically, that (a) the employers dismiss miners merely for having paid union contributions, and (b) the employers refuse to bargain collectively with the miners' unions or to have any contact with their union representatives or to receive miners' delegates who wish to discuss working conditions.
• Analysis of the Reply
  58. 58 In its reply dated 26 August 1953 the Government states that it has ratified the Right of Association (Non-Metropolitan Territories) Convention (No. 84), 1947, and has undertaken to apply it without modification to Cyprus, that the right of association is embodied in the trade union law and that it is the policy of the Cyprus Government to encourage and promote the development of sound industrial relations in accordance with the Convention. The Government cannot accept without qualification the allegations which, it states, are in general and comprehensive terms, but admits that, despite the efforts of the Cyprus authorities, relations between employers and trade unions in the mining industry " are not yet established on a satisfactory basis ". The Government's Labour Advisory Board has discussed this problem, which will continue to receive the attention of the Government.

B. B. The Committee's conclusions

1. 59. As stated in its reply the Government of the United Kingdom has ratified the Right of Association (Non-Metropolitan Territories) Convention, 1947, and has undertaken to apply its provisions without modification in respect of Cyprus.
   • Allegation regarding Dismissals
2. 60. The complainant alleges that the Cyprus employers dismiss miners merely for paying union contributions. The Government in its reply makes no specific reference to this allegation beyond the declaration that the right to associate is embodied in trade union law, but states on the complaint as a whole that, while it cannot accept the general and comprehensive contentions without qualification, it has to be admitted that relations in the mining industry are not yet established on a satisfactory basis.
3. 61. Article 2 of Convention No. 84 provides that the rights of employers and employed alike to associate for all lawful purposes shall be guaranteed by appropriate measures.
4. 62. The trade union law which gives effect to the principle stated in the Convention is the Trade Union Act, 1949. Small amendments made subsequently to be this Act do not affect the matters in issue in this case. The 1949 Act regulates trade unions which, provided they register according to the Act, enjoy the rights conferred by the Act (right to hold property, immunity from tort, etc.) and which are not to be deemed unlawful merely by reason of one or more of their objects being in restraint of trade. Section 21 of the Act provides that " only persons actually engaged in, or working at a trade or calling to which the union relates, shall be admitted to such union ". While the Act permits association so far as the State is concerned it contains no provision which declares that employers are bound to respect freedom of association.
5. 63. While Article 1 of the Right to Organise and Collective Bargaining Convention (No. 98), 1949, provides that workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment and, in particular, of acts calculated to make the employment of a worker subject to the condition that he shall not join a union or shall relinquish trade union membership or to cause the dismissal of or otherwise prejudice a worker by reason of union membership or because of participation in union activities, the Committee considers that Convention No. 84, on the other hand, while providing that appropriate measures shall be taken to guarantee the right to associate for all lawful purposes, does not include a specific provision requiring the government to intervene to protect the worker who exercises his right to associate against anti-union acts on the part of the employer such as dismissal for having paid union contributions. The Committee nevertheless considers that, where a government has undertaken to ensure that the right to associate shall be guaranteed by appropriate measures, the guarantee, in order to be an effective guarantee, should, when necessary, be ensured by measures which include the protection of the worker against anti-union discrimination in his employment, and therefore draws attention to the desirability of further measures being taken to ensure that workers shall not be prevented by employers or third persons from exercising the right to associate and shall not be dismissed or otherwise prejudiced in their employment on the ground of their trade union membership.
   • Allegation regarding the Employers' Refusal to Bargain Collectively
6. 64. While the complainant alleges that the employers in the mining industry refuse to bargain collectively, to have any contact with trade union representatives or to receive miners' delegates, the Government admits that, in spite of the efforts of the Cyprus authorities, industrial relations in the mining industry are not yet established on a satisfactory basis.
7. 65. Article 3 of Convention No. 84 provides that all practicable measures shall be taken to assure to trade unions which are representative of the workers concerned the right to conclude collective agreements with employers or employers' organisations.
8. 66. In section 2 of the Trade Union Act, 1949, a trade union is defined as a combination the principal objects of which are, under its Constitution, the regulation of relations between workmen and employers.
9. 67. In a previous case, that relating to British Guiana (Case No. 57), the Committee expressed the view that " nothing in Article 3 of [Convention No. 84] places a duty on the government concerned to enforce collective bargaining by compulsory means ". The Committee considers, therefore, that the Government has fulfilled its legal obligation under Article 3 of the Convention by recognising trade unions under the Trade Union Act, 1949, as competent to regulate employment relations. The Committee expresses its satisfaction at the attention which the Government is devoting to these problems and its confidence that it will take all practical and possible measures to improve the situation.

The Committee's recommendations

1. 68. In all the circumstances, subject to the observations contained in paragraphs 63 and 67 above, the Committee recommends the Governing Body to decide that the case as a whole does not call for further examination.