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Collective bargaining (526, 527,-666)
You searched for:
Keywords: Collective bargaining
Total judgments found: 9
Judgment 4665
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, whose post was reclassified retrospectively, claims compensation for the injury he considers he has suffered and requests that his resignation be redefined as a dismissal.
Consideration 8
Extract:
The complainant further seeks compensation for the moral injury he considers he has suffered [...]. He substantiates the existence of this injury with particular reference to the Organization’s [...] bad faith during the negotiations seeking to find an amicable resolution to the dispute.
On this last point, the Tribunal considers that it is not required to take into consideration discussions of this kind (see, in this respect, Judgment 4457, consideration 2).
Reference(s)
ILOAT Judgment(s): 4457
Keywords:
collective bargaining; competence of tribunal; moral injury; settlement out of court;
Judgment 2827
107th Session, 2009
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The EPO contends that the complaints are irreceivable ratione materiae on the basis that the implied decision refusing to provide the complainants with the requested information is not a "decision relating to a specific individual" for the purposes of Article 106 of the Service Regulations. It was pointed out in Judgment 1542 that: "a complaint is receivable only if it is about an individual official's status as an employee of the organisation, not about the collective interests of trade unionists." It is well settled that a complaint may concern breach of the Service Regulations (see Judgment 1147) or other guarantees that the EPO is bound to provide to its staff (see Judgment 2649). Those guarantees extend to freedom of association and collective bargaining insofar as they are implicit in the Service Regulations. With respect to collective bargaining, it is sufficient to note that Article 34(1) mandates that the Staff Committee "shall represent the interests of the staff and maintain suitable contacts between the competent administrative authorities and the staff" and that Article 36(1) enables it to "mak[e] [...] suggestions relating to [...] the collective interests of the whole or part of the staff". However, the rights that are comprehended within the notions of "freedom of association" and "collective bargaining" that may also be the subject of an internal appeal and, subsequently, of a complaint to the Tribunal are individual rights inhering in individual staff members."
Reference(s)
Organization rules reference: Articles 34, 36 and 106 of the Service Regulations for Permanent Employees of the EPO
ILOAT Judgment(s): 1147, 1542, 2649
Keywords:
collective bargaining; collective rights; complaint; decision; freedom of association; individual decision; organisation's duties; receivability of the complaint; right; staff representative; staff union; staff union activity;
Judgment 2672
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"A staff association or union is, in essence, a voluntary association of employees and/or others in a relationship pursuant to which they perform services by way of personal exertion, who have agreed together to act collectively [...] to protect and promote their industrial interests. The powers of the association may extend to the protection and promotion of the industrial interests of those who are eligible to belong to the association. Many countries require other formalities including, sometimes, registration under the relevant domestic law. Those laws cannot apply to a staff association or union the membership of which is restricted to international civil servants. However, that is not to say that no formality is necessary for the formation of a staff association or union representing international civil servants.
For the creation of a staff association or union representing international civil servants, there must, at the very least, be some means of identifying the agreement voluntarily to associate for the purpose of protecting and promoting the industrial interests of members, the terms of that agreement and the means by which it may be varied, both in relation to individual employees and the purposes or objects of the association. [...] [B]ecause it is a voluntary association, there must be an agreement as to the persons by or through whom the association acts, the means by which those persons are selected or elected, the matters in respect of which they have authority to act and the powers that they have in relation to those matters. In the absence of agreement as to each of those matters, the agreement to associate would, in accordance with general principles of law, be void for uncertainty. And to have an agreement covering those matters, there must be rules incorporated in a charter, a statute or some other document to which the members subscribe and by which they agree to be bound."
Keywords:
applicable law; collective bargaining; collective rights; effect; freedom of association; freedom of speech; general principle; staff claim; staff representative; staff union agreement; written rule;
Judgment 2228
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Staff Committee, which is a statutory body of the organisation, made the facilities derived from its access to the organisation's internal electronic mail system available to the Staff Union. Its access to the system was withdrawn. "The organisation [submits that] the facilities offered to the Staff Committee cannot be made available to the Staff Union without creating confusion with regard to the attribution of roles and responsibilities, even if those in charge of one of these bodies are also, or may be, in charge of the other. This does not mean to say that the unions should not be provided with certain facilities by the organisations. On the contrary, their freedom of expression should not be hampered, as indicated by the Tribunal in Judgment 1547, [...] and unions must clearly be provided with sufficient facilities, within the framework of negotiated agreements or, if need be, administrative regulations, to enable them to carry on their activities. It is legitimate, however, for the organisation to ensure that the facilities made available to a body officially representing the staff as a whole are not misused for the benefit of a union, or any other body having its own assets and representing only part of the staff."
Reference(s)
ILOAT Judgment(s): 1547
Keywords:
administrative instruction; case law; collective bargaining; facilities; freedom of speech; grounds; liability; limits; organisation's duties; purpose; refusal; staff representative; staff union; staff union activity; staff union agreement; written rule;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
Eurocontrol questions whether a complainant may rely on a collective agreement between an organisation and its staff. "It is a truth universally acknowledged that the collective agreement is a basic vehicle of social progress, justice and peace. That that is so is due to the International Labour Organization, among others, and to its international instruments such as the right to organise and collective bargaining convention, 1949 (No. 98), and the labour relations (public service) convention, 1978 (No. 151)."
Reference(s)
ILOAT Judgment(s): 1311
Keywords:
applicable law; collective agreement; collective bargaining; collective rights; competence of tribunal; staff union agreement; working conditions; written rule;
Consideration 30
Extract:
Ever since Eurocontrol signed an agreement with the union "the staff have had access through their representatives to the relevant information and have been able to look at proposals in close cooperation with management and in keeping with the procedure for consultation. The organisation was therefore not required to state again reasons which it had already revealed in the consultations."
Keywords:
collective bargaining; consultation; duty to inform; duty to substantiate decision; limits; procedure before the tribunal; staff union; staff union agreement;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Consultation does not require negotiation, let alone approval. The staff representatives merely state their opinion, and it is not binding on the administration." The Tribunal is satisfied that in the instant case the required consultations took place.
Keywords:
collective bargaining; consultation; difference; organisation's duties;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 1020, consideration 2.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
collective bargaining; consultation; difference; organisation's duties;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
A provision in the Staff Rules "expressly provides that the Director-General shall consult with his staff [...]. This makes it difficult to imply a further term requiring him not merely to consult but to negotiate".
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
Consideration 6
Extract:
The obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "Merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
"If the end-product of the discussions [...] is a unilateral decision, 'consultation' is the appropriate word. If it is a bilateral decision, i.e. an agreement, 'negotiation' is appropriate. Decisions are reached after consultation; agreements after negotiation."
Keywords:
collective bargaining; consequence; consultation; decision; difference;
Consideration 7
Extract:
The experts were not in agreement about the methodology or the salary-scale figures. "In these circumstances it would be natural for [the Director] to contact his staff association in order to ascertain their views and, if necessary, negotiate with them to reach an agreed figure. This is something which a [director] might do even if contact was not prescribed by the Staff Regulations."
Keywords:
collective bargaining; no provision; organisation's duties; reckoning; salary; scale; staff union;
Consideration 27
Extract:
The question is whether the duty of consultation for which provision is made in the statutory texts had been modified by the practice of the preceding ten years or more and expanded to embrace negotiation. "If negotiation is different from consultation, it is difficult to see how the change could be made otherwise than by an amendment made in accordance with the Staff Regulations."
Keywords:
collective bargaining; consultation; no provision; organisation's duties; practice;
Consideration 18
Extract:
Vide Judgment 381, consideration 8.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
collective bargaining; consultation; enforcement; organisation's duties; provision; staff regulations and rules;
Consideration 21
Extract:
The object of negotiation is compromise. "This object would be frustrated if either party began with the determination not to make any concession in any circumstances, just as the object of consultation would be frustrated if the decision-maker began with a determination not to be influenced by anything that might be said to him. On both these hypotheses there would be a lack of good faith."
Keywords:
collective bargaining; consultation; good faith; purpose;
Consideration 14
Extract:
To establish that there was a promise to negotiate, the complainants rely upon the facts and reasoning contained in an opinion given personally by the members of the Tribunal. In this opinion the members, who were not confined within the limits of the Tribunal's jurisdiction, reached the conclusion that the agreement recognised that there would be prior negotiation. "The Tribunal sees no reason to differ from this conclusion." The complainants have thus justified the foundation of their statements concerning their promise to negotiate.
Keywords:
advisory opinion; collective bargaining; competence of tribunal; iloat; promise; staff union agreement; tribunal;
Consideration 21
Extract:
"Negotiation starts from equality of bargaining power [i.e. legal equality; economic strength may be unequal]; consultation supposes legal power to be in the hands of the decision-maker, diminished only by the duty to consult."
Keywords:
collective bargaining; consultation; difference;
Consideration 16
Extract:
Vide Judgment 381, consideration 6.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
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