Interim Report - Report No 160, March 1977

Case No 795 (Liberia) - Complaint date: 21-JUN-74 - Closed

1. 219. The complaint of the Miners' International Federation (MIF) is contained in a letter dated 21 June 1974. The Government furnished its observations in a communication dated 28 August 1975.
2. 220. Liberia has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to organise and Collective Bargaining Convention, 1948 (No. 98).

A. A. The complainants' allegations

1. 221. The complainants' communication referred to a number of incidents that had occurred at the Lamco mines' local branch of the National Mine workers' Union. The MIF alleged that early in 1974 government ministers caused the release of union funds held by the management of Lamco to a person not authorised by the union to receive the money. This person was considered by the National Mine Workers' Union to have misappropriated union funds on a previous occasion. The union had therefore requested the Minister of Labour to ensure that the management should not hand over to this man the union dues that it had held for a period of six months and the Minister had upheld the union's request. Subsequently, owing to the intervention of the Government, some $14,000 were released and made available for purposes not authorised by the union.
2. 222. On 26 March 1974, continued the complainants, the Minister of Labour appointed a chairman for the union branch of the Lamco mines at Nimba and, on 28 March, the management of the undertaking called a meeting under the chairmanship of the assistant to the management to introduce the new officer. At this meeting, Mr. Daniel Whern, a member of the National Mine Workers' Union, raised an objection to the presence of a management representative in the chair of what was supposed to be a union meeting. Mr. Whern, continues the MIF, was reported to the Chief Justice, who ordered his arrest. He remained in prison at least up to 23 April 1974, but has since been released. Three other people who supported him at the meeting were dismissed from their jobs by the management.
3. 223. Subsequently, added the complainants, the Minister of Labour attempted to conduct elections to change the officers of this union branch. The National Mine Workers' Union and the Congress of Industrial Organisations (CIO) took action through the courts to prevent this and the courts supported them. Finally, continues the MIF, the Minister of Labour persuaded some members of the union branch at the Lamco mines and the Liberia Mining Company to dissociate themselves from the National Mine Workers' Union. The Minister of Labour is also said to have banned the officials of this trade union organisation and of the CIO from going to these two mining areas. The complainants specified that the bans had been in force, in the case of the Lamco mines, since 2 March 1974 and, in the case of the Liberia Mining Company, since 20 May 1974.
4. 224. In its reply, the Government, which enclosed a number of supporting documents, stated that a complaint was lodged by the CIO against Mr. Toweh, chairman of Local Branch No. 3 of the National Mine Workers' Union (an affiliate of the CIO) in 1972 charging him with misappropriation of union funds. An investigating team, comprising representatives from the Ministries of Labour and Justice, was sent to the Lamco local branch at the request of the CIO. Prior to the team's departure, an independent accountant commissioned by the CIO had established that Mr. Toweh had used union dues in the amount of $1,161 without authorisation. The aforementioned investigating team decided that this was an internal union problem and referred the matter back to the CIO. In view of the misappropriation of funds, the latter and the National Mine Workers' Union appealed to the minister concerned to hold the union dues - collected under the "check-off" system - in escrow until the matter had been resolved. Subsequently, the National Mine Workers' Union informed the Ministry explicitly that Mr. Toweh had been found innocent at a special meeting of the union on 31 August 1973 and that he should therefore not be prosecuted. The Ministry of Labour was also requested to call off its instructions to the management of Lamco, which it did in accordance with the arrangements reached within the union.
5. 225. In the course of the work of the investigating team, noted the Government, the legality of Mr. Toweh's position as chairman of the union branch had been questioned both by the CIO and National Mine Workers' Union and by the local branch itself. With the agreement of the CIO, it was decided to hold an election in order to determine whether or not the workers involved wanted Mr. Toweh to continue as their chairman. After several abortive attempts, the election was finally held on 16 December 1972 under the supervision of the Ministry as stipulated by law. Mr. Toweh won and was declared the winner by the officials of the Ministry who conducted the election.
6. 226. The Government further denied that the Ministry of Labour appointed a chairman for the Lamco local branch. During an illegal strike, it added, which was staged by the employees of the undertaking on 22 February 1974 upon the directive of the president, the Ministry of Labour was instructed to suspend all union activities, owing to the unrest of Lamco and the disarray of the local branch, until the workers returned to work and the situation had returned to normal. The chairman, first vice-chairman and secretary of the local branch were suspended because of their role in the strike. Some time later, the ban on union activities was lifted. On 21 March 1974, continues the Government, the National Mineworkers' Union informed it of its intention to appoint a caretaker to look after the affairs of the local branch until an election could be held. The Ministry of Labour considered that such an appointment was not necessary and that, as provided in the union Constitution, the duly elected officers who had not been suspended should continue to carry on the union's operation. The Ministry also denies the contention of the National Mine Workers' Union that it had appointed a Mr. Nathaniel Nabwe as interim chairman of the local branch. Mr. Nabwe was the duly elected second vice-chairman and therefore in charge of Lamco workers at Buchanan. He assumed the position of chairman after the other union officers had been suspended.
7. 227. The instigators of the illegal strike, stated the Government, were detained and held for prosecution. This group, which included Mr. Whern, was informed that it should refrain from participation in any union activities until the investigation of their role in the strike was completed. Despite this ban, Mr. Whern attended a union meeting and, as a result, was detained. The Government also denied that it had attempted to conduct an election for the purpose of removing the officers of the union at Lamco and stated that it was not cognisant of any court action of this type.
8. 228. The Government further denied having persuaded some members of the union branches at the Lamco mines and Liberia Mining Company to dissociate themselves from the National Mine Workers' Union. On 25 and 27 February 1974, it added, it received copies of letters addressed to the President of the National Mine Workers' Union by Local Branches Nos. 1 and 3, indicating that they wished to withdraw their membership from that organisation because of the failure of the union to respond to certain grievances. The Ministry of Labour found the procedure employed lacking in many respects, refused to accept the petitions for disaffiliation and expressed its view that such a fundamental move had to be settled by referendum. The referendum was held on 8 May 1974 at the Liberia Mining Company and on 10 May 1974 at Lamco. Over two-thirds of the union members voted in favour of disaffiliation from the National Union.
9. 229. Finally, the Government denied the charge that it had banned the officials of the CIO and National Mine Workers' Union from going to the mining areas. As regards Lamco, where the ban was supposedly effective from 2 March 1974, the Government stated that the two organisations had been allowed to canvass freely without any coercion or interference from either Government or management. On the day of the referendum, their representatives were in fact present. With regard to the alleged banning of officials of the National Mine Workers' Union as of 20 May 1974, the Government pointed out that the referendum had been held 12 days earlier and that the National Mine Workers' Union had thus ceased to represent the workers. According to the Government, their presence would have served no useful purpose and would have been likely to disrupt industrial peace. In conclusion, it stated that it was aware of its commitments under Conventions Nos. 87 and 98 but that it could not permit selfish and disgruntled leaders to disrupt the peace and economy of the country.
10. 230. In view of the contradictory nature of the allegations made by the complainants and the reply of the Government thereto the Committee, at its meeting in November 1975, decided, in accordance with its established procedure, to transmit the substance of the observations made by the Government to the complainants for any comments they might wish to make, on the understanding that the Government would have the possibility of replying to these comments.
11. 231. The detailed comments of the complainant organisation on the substance of the Government's reply were contained in a communication dated 1 March 1976. A copy of this communication was duly transmitted to the Government for its observations on 17 March 1976.
12. 232. At its meeting in May-June 1976, the Committee, noting that the observations of the Government had not been received, decided to request the Government to transmit its observations as soon as possible. It also decided to examine this case at its next meeting in November 1976. The observations of the Government have still not been received.
    • Additional comments made by the complainants
13. 233. In the communication dated 1 March 1976, the complainants stated that no union Convention had ever been held to request the Minister to cancel his instructions to Lamco to hold union funds. In the view of the complainants the Government had failed to substantiate its claim that the Ministry of Labour, Youth and Sports was "officially requested" to withdraw its instructions to the management of Lamco. No national union official had made or approved any such request.
14. 234. The complainants referred to the fact that the President of Liberia subsequently ordered the arrest of Mr. Toweh for misappropriation of union funds; Mr. Toweh had since appeared in court (where Mr. Amos Grey, general secretary of the CIO, and Mr. Alex Kawah, general secretary of the National Mine Workers' Union, have testified) and was at present on bail.
15. 235. After the strike of 22 February 1974 the Minister of Labour, Youth and Sports banned the NMWU and CIO from Local No. 3. This led to a protest by the two organisations to the President of Liberia. The President summoned them to a Cabinet meeting where they were able to put their case very forcefully. As a result of this the President ordered the Minister to lift the ban. It was shortly after this incident that the Minister appointed Mr. Nabwe as Chairman of Local No. 3 by letter. In order to read this letter to the workers, Mr. Burgess Huston, assistant to the general manager of Lamco, called a meeting, which he chaired. This led to a protest by a cross-section of the workers because they thought this was undue interference by Government and management into union affairs. The National Mine Workers' Union insists that the posts of first and second vice-chairman were vacant at the time.
16. 236. The complainants added that it was significant that the Government had offered no comment whatsoever regarding a complaint that a meeting about a union matter was called by the management, with a management representative in the chair. The complainants also stated that Mr. Daniel Whern's earlier detention had been ordered on the pretext of his being an instigator of the strike. The real reason for his arrest, however, was that he was a supporter of the National Mine Workers' Union and a likely successor to Mr. Toweh if a union election had been held at the constitutionally proper time. In addition, Mr. Whern had protested against Mr. Euston's presiding over the meeting called to introduce a union chairman not chosen by the workers. Mr. Toweh, who was also arrested following the February strike (and who was in fact the real instigator of the strike) was a prosecution witness against Mr. Whern in the case connected with that strike. Mr. Whern had been eventually acquitted. It was interesting, stated the complainants, that, since the crisis of 1974, no union election has been held in Lamco. As regards the dismissal of three other people who spoke up against the actions criticised by Mr. Whern, the complainants noted that the Government had offered no comment whatsoever on this matter.
17. 237. Regarding the successful court action to prevent the Minister of Labour, Youth and Sports from conducting a union election, the complainants said that it was clear that this particular act of interference occurred at the Bong Mines and involved Local No. 4 of the National Mine Workers' Union. The court action referred to began with a preliminary injunction filed on 8 March 1974 in the Civil Law Court, Sixth Judicial Circuit, Montserado County, by the National Mine Workers' Union, Local No. 4, to prohibit the Ministry of Labour, Youth and Sports from conducting an election of officers of Local No. 4 at the Hong Mining Company.
18. 238. A similar action, continued the complainants, was undertaken against the Minister when he proceeded with a referendum for Lamco workers to withdraw from the National Mine Workers' Union - CIO, but after the court order had been served, the Chief Justice of the Supreme Court of Liberia ordered it to be stopped. The election of an organisation to represent the workers (Collective Bargaining Representation Election) was then held without the NMWU or any other union of the CIO being allowed to participate.
19. 239. The complainants stated that the Government's claim that, since the union's rules lay down no procedure for disaffiliation, it was therefore necessary to conduct a referendum on the question, was unjustified. They rejected the implication that the union's rules and procedure were unsatisfactory. Membership was indeed voluntary. The union's Constitution made no provision for the disaffiliation of local branch unions, because it was the individual member who joined the union, not the group. This practice was governed by the Labour Laws of Liberia, Part VII, Chapter 40 (Labor Organisations: Regulation of Internal Affairs, section 4700, subsection 14, page 138).
20. 240. The complainants considered that the device of a referendum to determine whether or not a local branch of a union should remain affiliated to a national union or, through the national union, to a national centre, was inappropriate, and in itself constituted an intrusion into the conduct of union activities. The complainants alleged that repeated use of this weapon since the events referred to in the complaint indicated that the Government was attempting to change the present structure and leadership of the union.
21. 241. The complainants added that the collective agreement between Lamco and NMWU Local No. 3 had been due to expire on 30 May 1974. In a letter addressed to the CIO by the Minister of State for Presidential Affairs, continue the complainants, the Minister informed the CIO that he had directed the Minister of Labour, Youth and Sports to hold a referendum on or before 30 May 1974 in view of the desire of Local No. 3 at Yekepa and Local No. 1 at the Liberia Mining Company to disaffiliate from the CIO.
22. 242. In addition, continued the complainants, Mr. Nabwe, who had been imposed on Local No. 3 as acting chairman, issued an appeal to vote against remaining affiliated to the NMWU/CIO and, following the referendum, he informed the Minister that a new union had been formed, of which he was acting president, and would apply for recognition.
23. 243. The complainants further alleged that, as regards the collective bargaining representation election on 29 June 1974, the Minister of Labour, Youth and Sports refused to allow the NMWU to participate since the workers had voted against continued affiliation to this union in the aforementioned referendum. The Minister wrote to "a group of workers" at Lamco informing them of the situation as regards the NMWU and pointed out that the workers were not thereby prevented from forming another union or organisation to participate in the representation election.
24. 244. According to the complainants, the Government also refused to allow two other CIO affiliates to participate in the representation election (viz. the Mechanic and Allied Workers' Union and the National Transport and General Workers' Union).
25. 245. The complainants added that similar events took place during 1974 and 1975 at the Bomi and Hong Mines of the Liberia Mining Company, involving allegations of misuse of union funds, moves by local union officers to disaffiliate their locals from the national union, requests for referenda at a time when negotiation of a new collective agreement was due.

B. B. The Committee's conclusions

• Comment by the Committee
  246. 246 In spite of the fact that the Committee indicated that it would examine this case at its present session, the Government has still not replied to the requests made to it to supply its observations on the comments made by the complainants which were transmitted to the Government on 17 March 1976.

The Committee's recommendations

1. 247. In these circumstances, the Committee recommends the Governing Body:
   • (a) to recall the observation made by the Committee as early as its First Report, namely that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, the Committee being confident that, if it protects governments against unreasonable accusations, governments on their side should recognise the importance, for the protection of their own good name, of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward;
   • (b) to note that the allegations made involve a number of principles relating to the free exercise of trade union rights, in particular, the right of workers to establish and join organisations of their own choosing (including federations and Confederations), the right of workers' organisations to elect their representatives in full freedom and to organise their administration and activities and formulate their programmes without any interference by the public authorities, rights which are guaranteed by the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), ratified by Liberia;
   • (c) to regret that, in spite of the requests made to it, the Government has not supplied its observations on the additional comments made by the complainants;
   • (d) to invite the Government to transmit, by 15 January 1976, the observations requested from it; and
   • (e) to take note of this interim report, it being understood that the Committee will submit a further report to the Governing body when it has received the information requested from the Government.