Rapport définitif - Rapport No. 324, Mars 2001

Cas no 2055 (Maroc) - Date de la plainte: 10-SEPT.-99 - Clos

Allegations: Acts of anti-union discrimination, including dismissal of workers following a strike; employer's refusal to deduct union dues

1. 676. The Committee last examined this case at its June 2000 meeting, when it submitted an interim report to the Governing Body [see 321st Report, paras. 342-356, approved by the Governing Body at its 278th (June 2000) Session].
2. 677. The Government sent some observations in a communication dated 15 September 2000.
3. 678. Morocco has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98); it has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. Previous examination of the case

1. 679. At its May-June 2000 meeting, the Committee examined allegations concerning two separate situations, although these both involve the same umbrella organization. As regards the various allegations of discrimination and inequality of treatment of trade union organizations within the national airline company, the Committee had invited the Government to urge Royal Air Maroc to supply all the relevant information as soon as possible. As regards the events that occurred in the Urban Transport Company of Casablanca (SALAMA), while noting that an out-of-court settlement was ultimately reached between the parties with the assistance of the conciliation service of the competent ministry, the Committee noted that the establishment of the trade union affiliated to the UGTM and dismissals of workers and trade union officers occurred at the same time. In the light of the interim conclusions of the Committee, the Governing Body approved the following recommendations:
   • (a) Noting that an out-of-court settlement was reached between the parties in the Urban Transport Company of Casablanca, the Committee recalls that no person should be dismissed or prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities, and requests the complainant to confirm whether the terms of the settlement were in fact carried out.
   • (b) The Committee invites the Government to urge Royal Air Maroc to supply all the relevant information as soon as possible concerning the collective dispute involving the UGTM and to forward it to it as soon as it has been received.

B. The Government's further reply

1. 680. In its communication of 15 September 2000, the Government states that Royal Air Maroc (RAM) denies the allegations of discrimination and sidelining of workers who are members of the Air Transport Workers' Trade Union (STTA) affiliated to the General Union of Workers of Morocco (UGTM) and specify that the latter enjoy the same facilities and advantages as their colleagues who are affiliated to other trade union centrals. In fact, leave was authorized for members of the STTA and means of transportation were put at their disposal so that they could take part in the festivities of 1 May.
2. 681. RAM also states that members of the STTA were granted interviews and meetings with the management of the company whenever these were requested. With regard to deducting trade union dues to UGTM at source, RAM confirms that this procedure, which has become accepted through use, is applied for members of STTA as it is for their colleagues. Moreover, in the context of RAM's support to the entire trade union movement, the company, at the request of the General Secretariat of the UGTM (a copy of which is annexed to the communication), paid the travel and accommodation costs for Mr. Moulay Aissa Lamrani to come to Geneva to attend the 88th Session of the International Labour Conference.

C. The Committee's conclusions

1. 682. The Committee notes that the present complaint concerns two separate situations, although it involves the same umbrella organization. As regards the events that occurred in the SALAMA company, the Committee had noted that an out-of-court settlement was reached between the parties concerning the reinstatement of SALAMA workers. In this regard, the Committee had requested the complainant to confirm whether the terms of the settlement were in fact carried out. The Committee regrets that the complainant has still not provided the requested information nearly one year after the request was made. This being the case, the Committee has decided not to pursue its examination of this allegation.
2. 683. Regarding the various allegations of discrimination and inequality of treatment of trade union organizations within the national airline company, the Committee notes that the versions provided by the parties contradict each other. While the complainant states that the STTA cannot obtain interviews with the chairman and managing director of the company, is excluded from negotiations with the management, does not enjoy deduction of trade union dues at source for its members, and that its officers were not allowed leave for the festivities of 1 May 1998; RAM claims that the STTA is treated in exactly the same way as the other trade union organizations in the company. According to RAM, members of the STTA have interviews and hold meetings with the management whenever they request this, have their trade union dues deducted at source and have been granted leave to take part in the festivities of 1 May. In these circumstances, the Committee can only state that both the government authorities and employers should refrain from any discrimination between trade union organizations, especially as regards recognition of their leaders who seek to perform legitimate trade union activities. Moreover, public meetings and the presentation of social and economic claims are traditional trade union prerogatives for 1 May. Finally the Committee recalls that the withdrawal of the check-off facility, which could lead to financial difficulties for trade union organizations, is not conducive to the development of harmonious industrial relations and should therefore be avoided [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 307 and 435]. The Committee requests the Government to ensure that Royal Air Maroc respects these principles fully in the future.

The Committee's recommendations

1. 684. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • The Committee requests the Government to ensure that the national airline company RAM respects fully the principles of non-discrimination between trade union organizations and participation in the festivities of 1 May, and that the check-off facility for trade union dues be granted for members of all trade unions.