Judgment 1547
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-14
Extract:
"The EPO had no formal agreement with the union about facilities such as the distribution of a summons to a meeting. But it admitted to the Appeals Committee that its consistent practice since 1992 had been to distribute any unsealed unofficial internal mail, whether private or not, save any text containing a personal attack on someone. Was such usage binding in law? [...] The plain expectation of the staff was that the EPO would deliver notices from their union without let or hindrance." Therefore the complaints succeed.
Keywords:
binding character; discretion; facilities; flaw; freedom of association; freedom of speech; judicial review; limits; organisation's duties; practice; staff union; staff union activity;
Consideration 8
Extract:
"Precedent has it that an organisation has some latitude in affording facilities to a staff union and its decisions are not subject to judicial review. That is not so, however, where it is charged with breach of freedom of association. The Tribunal will indeed interfere if the effect of the impugned decision is to hamper the freedom of speech that any union must enjoy. Refusal to deliver invitations to a union meeting is unquestionably a breach of the privacy of mail and of the freedom of speech that is part and parcel of freedom of association."
Keywords:
case law; discretion; facilities; flaw; freedom of association; freedom of speech; judicial review; limits; staff union; staff union activity;
Judgment 1542
81st Session, 1996
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"This complaint, which seeks the grant of staff union facilities [...], does concern the exercise of the freedom of association that Article 30 of the Service Regulations guarantees. So the Tribunal is competent ratione materiae under Article II(5) and (6)(a) of its Statute, whereby it is open to any official - even one whose employment has ceased - who alleges breach in substance or in form of the Staff Regulations."
Reference(s)
ILOAT reference: ARTICLE II (5) AND (6)(A) OF THE STATUTE
Organization rules reference: ARTICLE 30 OF THE EPO SERVICE REGULATIONS
Keywords:
competence of tribunal; complainant; complaint; facilities; freedom of association; iloat statute; locus standi; receivability of the complaint; staff regulations and rules; staff representative; staff union; staff union activity; status of complainant; vested competence;
Judgment 1369
77th Session, 1994
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 17-18
Extract:
It is in the light of such precepts that the Tribunal rules below on the case of Eurocontrol. After years of conflict with the staff and a spate of litigation uncertain in outcome and - as the Director General properly observed - adverse in effect, Eurocontrol came round to a cooperative approach by concluding the agreement of 9 January 1992. By virtue of its contractual nature it is a source of law which in the interests of both sides the Tribunal regards as material.
Eurocontrol is right in pleading that the collective procedure set up under the agreement cannot supersede each staff member's defence of his own rights. A collective agreement, even though concluded with staff associations acknowledged to be representative, does not divest the staff member of the safeguards he enjoys under the Staff Regulations. By the same token there is nothing to keep him from relying on a collective agreement even if, not being a member of a staff association, he is not himself privy to it. Such indeed are consequences that flow from freedom of association and the principle of equal treatment.
Keywords:
collective agreement; collective rights; equal treatment; freedom of association; right of appeal; safeguard; staff member's interest; staff regulations and rules; staff union; staff union agreement;
Judgment 1193
73rd Session, 1992
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4-5
Extract:
The complainant submits that the abolition of his post was unlawful in that it was an abuse of authority: the whole exercise was just a trick to get rid of him as a punishment for his defence of the staff's rights and was therefore in breach of his right of association. He further submits that the decision was taken in disregard of essential facts: since the duties of his post continue to be performed there was no need to abolish it. "The complainant fails to show that the impugned decision [...] was ultra vires or otherwise unlawful. His challenge on this score is rejected."
Keywords:
abolition of post; freedom of association; staff union;
Judgment 911
64th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"According to precedent, a staff association enjoys special rights that include broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents. Like any other freedom, however, freedom of speech has its bounds. A staff association may not resort in public to action that impairs the dignity of the international civil service, save that the degree of discretion required of it is not as great as is expected of an individual staff member: both law and practice allow it wider freedom of speech and only gross abuse will be inadmissible."
Keywords:
collective rights; duty of discretion; freedom of association; freedom of speech; limits; staff member's duties;
Consideration 3
Extract:
"The organization [...] accepts as a term of every contract of appointment its duty to respect freedom of association, and anyone who has such a contract may challenge any decision that impairs that freedom. What the complainant is saying - indeed it is the sole issue - is that the organization acted in breach of freedom of association. His complaint is therefore receivable insofar as he is suing in his own name."
Keywords:
competence of tribunal; enforcement; freedom of association; locus standi; official; receivability of the complaint; staff regulations and rules; staff representative;
Consideration 10
Extract:
"In denying the association its customary privilege of having a text printed and issued, the organization infringed its rights as representative and defender of the staff's interests. The impugned decision cannot stand."
Keywords:
discontinuance; facilities; freedom of association; publication; staff union;
Consideration 4
Extract:
"Every staff member enjoys [...] freedom [of association]. Since the exercise of it may be affected by the Tribunal's judgment, the applications are receivable."
Keywords:
cause of action; freedom of association; intervention; receivability of the complaint;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 37
Extract:
The administration required all communications to and from the staff association to be submitted to it for inspection "on the ground that 'factual information which the staff association conveys needs discussion between the parties when there are doubts on the accuracy of such information'. This has from time immemorial been the standard excuse for censorship; the alleged object is never to suppress the truth but just to make sure that only the truth is told. Freedom of association is destroyed if communication between the members is permitted only under supervision."
Keywords:
freedom of association; freedom of speech; judicial review; staff union;
Consideration 41
Extract:
"Every lawyer must be aware that the jurisdiction of the Tribunal is confined to non-observance of the terms of appointment of officials and of provisions of the Staff Regulations. By far the greater part of the complainants' contributions to the dossier consist of the presentation of what is called a class action and of the complainants' side of a controversy that is manifestly outside the Tribunal's jurisdiction. There is no reason why the organization should pay for this. The complainants have, however, succeeded in establishing an important principle; they should be allowed 4,000 United States dollars towards their costs."
Keywords:
competence of tribunal; costs; freedom of association; iloat statute; staff claim;
Summary
Extract:
The Tribunal believes that any violation of the right to freedom of association, i.e. the right to set up a professional association, may be impugned by the holder of a contract of appointment. However, the staff association itself may not intervene in this case, since access to the Tribunal is restricted to officials alone.
Keywords:
cause of action; contract; freedom of association; locus standi; official; receivability of the complaint; staff union;
Summary
Extract:
The Tribunal will not intervene in respect of allegations that by criticising leaders of the staff association and encouraging the formation of other associations the Director infringed the right to freedom of association. The organization is not required to meet general allegations of its punishing individual staff members for exercising freedom of association.
Keywords:
freedom of association; judicial review;
Summary
Extract:
The Tribunal recognises the Director's right to alter the scope of the facilities extended to the staff association. However it reserves the right to set aside any modifications which have not been properly justified. It considers as unjustified the imposition on the staff association of the requirement that communications to be despatched through the organization's facilities should first be submitted to the administration. Furthermore, it considers as a violation of the right to freedom of association the cut in the organization's contribution to the expenses of the association.
Keywords:
amendment to the rules; discontinuance; discretion; facilities; freedom of association; grounds; judicial review; staff union;
Consideration 6
Extract:
The principle of freedom of association "is accepted by the organization and [the Staff Regulations require] the Director to make provision for staff participation in the discussion of policies relating to staff questions and Staff Rules made thereunder give effect to the principle. The rules provide inter alia that staff shall have the right to associate themselves together in a formal organisation for the purpose of developing staff activities [...] and making representations to [the organization] concerning personnel policy and conditions of service".
Keywords:
freedom of association; provision; staff claim; staff regulations and rules; staff union; working conditions;
Consideration 6
Extract:
The Staff Rules give effect to the principle of freedom of association by providing inter alia "that staff associations shall have the right to request their membership for [...] financial contributions; and that the [organization] may give financial assistance to any such association in the furtherance of activities beneficial to the staff provided that the membership of the association also contributes substantially to such activity."
Keywords:
contributions; facilities; freedom of association; staff union;
Consideration 18
Extract:
The Tribunal does not intervene in the sphere of labour relations. "The Tribunal is concerned only with allegations that the administration is violating the right to associate; breaches of labour relations may, if sufficiently grave, be relied upon in support of such allegations."
Keywords:
competence of tribunal; freedom of association; staff claim;
Consideration 14
Extract:
"There is evidence that the Director approved of the formation of a separate professional association at Cepanzo and that he encouraged others. There is no evidence that he interfered in any way with the freedom of choice of staff members and therefore no evidence that he interfered with freedom of association."
Keywords:
freedom of association; other; staff union;
Consideration 9
Extract:
"Since the breach alleged is an infringement of the right to associate and since that right is enjoyed by every staff member, it is manifest that every staff member has a right which may be affected by the judgment to be given. It is unnecessary therefore for any staff members to show any further ground for his intervention." The interveners who ceased to be staff members at the time of their intervention "must show special ground for intervention."
Keywords:
cause of action; freedom of association; intervention; official; separation from service;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is [...] established that in accordance with the principle of freedom of association officers and members of the staff association may act in furtherance of their common interests and shall not be penalised by the administration for any activity that is not otherwise improper. It is not disputed that any such penalisation would be an abuse of the Director's discretion and within the power of the Tribunal to review."
Keywords:
abuse of power; freedom of association; judicial review; misuse of authority; staff union activity;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There had been tension between the Director and the staff association. The complainant, a member of the association, was transferred against her wishes. She insists that she was the victim of a disguised disciplinary sanction: she was transferred hastily and over her objections. But the transfer was part of a general plan which had been drawn up much earlier. There is nothing to suggest that its intention was to mask a sanction. The complainant was not especially active in the staff association. There being uncertainty about the real grounds for the impugned decision, the Tribunal will not regard as proved her allegation of a breach of the right of association.
Keywords:
evidence; freedom of association; hidden disciplinary measure; lack of evidence; staff representative; staff union; staff union activity; transfer;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"What is not described in the regulations are the facilities which, because of the administration's interest in the efficient working of the staff association, it is now customary for the administration to guarantee or provide. The most important of these is permission for the chairman and other officers of the association to take 'time off' within reasonable limits for the association's work." There are others: the provision of office space, the collection of subscriptions to the association (by deduction with the member's consent of dues from pay).
Keywords:
facilities; freedom of association; no provision; practice; staff union; time off;
Consideration 3
Extract:
"The organization, in common with all others, recognises the right of the staff in accordance with the principle of freedom of association [...] to organise [...]. Nor is it disputed that it is for the staff to organise itself and not for the Director-General to organise it."
Keywords:
executive head; freedom of association; independence; staff union;
Consideration 3
Extract:
"It is [...] generally accepted that the existence of a good and efficient staff association is essential to good staff relations and so is a concern of the administration. All organisations therefore have in their regulations a section [...] in which the ways of maintaining contact between the administration and the staff association are described."
Keywords:
freedom of association; organisation's interest; provision; staff regulations and rules; staff union;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The complainant was reprimanded on two occasions, the second being related to the first. "Since the Tribunal is setting aside the Director-General's conclusions about the earlier incident, it is clear that the second reprimand cannot in any event remain on the complainant's record in its existing form. The Tribunal considers therefore that the second reprimand should be set aside and that the matter should be remitted to the Director-General so that he can consider whether the [second] incident [...] is sufficiently grave to be by itself deserving of a reprimand."
Keywords:
conduct; disciplinary measure; freedom of association; reprimand; staff representative;
Consideration 22
Extract:
"Activities within the staff organization [...] constitute an area that is 'prima facie' outside the Director-General's jurisdiction. [...] There may be exceptional cases. [...] As a general rule a staff member gives no undertaking, express or implied, about how she will conduct herself in the business of the Staff Council or its organs."
Keywords:
competence; complainant; conduct; executive head; freedom of association; staff union; staff union activity;
Consideration 26
Extract:
"When [the complainant] is present at a meeting of the [organization's] council or of its committees [she] must behave with the same propriety as any other staff member. If there was here an act of misconduct, the fact that it was committed by a staff representative for a serious purpose mitigates the offence but does not extinguish it."
Keywords:
conduct; consequence; freedom of association; misconduct; staff member's duties; staff representative; staff union;
Consideration 22
Extract:
"[A]s a general rule a staff member gives no undertaking, express or implied, about how she will conduct herself in the business of the Staff Council or its organs. It would be contrary to the principle of freedom of association that she should. Freedom of association means that there must be freedom of discussion and of debate [...] There could be no true freedom of association if the disapproval of the Director-General [...] of what was said could lead to disciplinary measures."
Keywords:
competence; definition; elements; executive head; freedom of association; staff union;
Consideration 22
Extract:
When the offending conduct falls outside staff duties, "each case must be examined carefully to see whether an obligation has been broken". A staff member's conduct of his private life is not the concern of the Director-General, unless it brings the organization into disrepute. In the same way, trade union activities fall outside the competence of the Director-General, although there may be exceptions.
Keywords:
competence; conduct; executive head; freedom of association; judicial review; outside activity; staff member's duties; staff union activity;
Consideration 19
Extract:
"The position of a staff representative is not an easy one. There may be times when there is a conflict of interest between loyalty to the staff and loyalty to the administration. Each representative must resolve the conflict in his or her own way and not all will see it alike."
Keywords:
consequence; freedom of association; staff member's duties; staff representative;
Consideration 22
Extract:
"Freedom of association means that there must be freedom of discussion and of debate, and this freedom when feelings run strong [...] can spill over into extravagant and even regrettable language. The Staff Council has its own rules for dealing with misdemeanours of this sort. There could be no true freedom of association if the disapproval of the Director-General, whether justified or not, of what was said could lead to disciplinary measures.
Keywords:
conduct; consequence; disciplinary measure; freedom of association; freedom of speech;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"An official [...] elected as a member of the Executive Committee of the Staff Association provided for by [...] the Staff Regulations should, in that capacity, enjoy freedom of action and of expression, on the sole condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally, and that he observe secrecy in respect of deliberations of joint bodies in which he takes part, or confidential information communicated to him by virtue of his trade union position".
Keywords:
duty of discretion; freedom of association; freedom of speech; staff member's duties; staff representative; staff union activity;
Consideration 6
Extract:
A trade union official should enjoy freedom of action and expression on the condition that he respect the obligations incumbent upon him as an official of the organization and those incumbent upon international officials generally; he should be allowed reasonable time for discharging his functions. "Any decision affecting an official which does not take these rights into account - and, in particular, any measure motivated solely by "any activity carried out by him in that capacity while respecting the obligations enumerated above - would be tainted by an error in law."
Keywords:
facilities; freedom of association; organisation's duties; staff member's duties; staff representative; staff union activity; time off;
