Definitive Report - Report No 211, November 1981

Case No 1057 (Greece) - Complaint date: 08-JUN-81 - Closed

1. 166. The complaint of the Panhellenic Union of Merchant Marine Engineers (PEMEN) is contained in a communication dated 8 June 1981. The Government communicated its observations thereon in a letter of 30 September 1981.
2. 167. Greece 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, 1949 (No. 98).

A. Allegations of the complainant organisation

1. 168. The complainant organisation, PEMEN, refers to Act No. 549 of 1977 which rescinds section 31, subsection 2, of Act No. 330 of 1976 respecting occupational associations and federations, thereby abolishing the restrictions imposed on the participation of occupational associations in meetings organised by their federations. The PEMEN alleges that, four years after its adoption, the 1977 Act has still not been applied to occupational associations of seafarers.
2. 169. The PEMEN explains that the right to vote of occupational associations of seafarers and journalists in their federations is still governed by the former Act, as is specified once again by Act No. 1085 of 1980 (section 16(1)). Consequently the law applicable is Legislative Decree No. 4361 of 1964 (section 5(1)), which provides that the total number of votes allotted to a maritime union in its federation does not depend on the number of members (and the PEMEN points out that it has a membership of 15,000), but is limited to one-tenth of the total number of votes.
3. 170. Consequently, the PEMEN goes on to say, there is no genuine representation of the occupational associations of seafarers within their federation, namely the Federation of Maritime Unions (PNO). Highly representative occupational associations, like the complainant union, have only one-tenth of the total number of votes in the federation's assemblies while small unions also have one tenth of the votes, thus allowing for the creation of artificial majorities which do not represent the real wishes of the seafarers.

B. The Government's reply

1. 171. The Government confirms that the legislation referred to by the PEMEN is in force and that seafarers are governed by its specific provisions, but it states that the said provisions are in harmony with International Labour Conventions since they are of a general nature and were not adopted to the detriment of the PEMEN.
2. 172. Nevertheless, the Government adds that the Ministry of the Mercantile Marine, when it comes to revise the legislation in force in respect of seafarers will, taking account of the views expressed by the federation to which the PEMEN is affiliated, examine the possibility of amending the provision which limits the representativity of trade unions within the general assemblies and congresses of the said federation.

C. Conclusions of the Committee

1. 173. In this case the Committee notes that although in 1977 the Committee of Experts had noted with satisfaction the abolition by Act No. 549 of 1977 of the limitations previously imposed on the right to vote of occupational associations within their federations, which limitations were incompatible with the standards of Convention No. 87, it also requested the Government to inform it of the holding of elections within the seafarers' unions. Moreover, in 1981, the Committee of Experts reminded the Government of its request that the legal provisions in respect of occupational associations of seafarers be extended.
2. 174. In the present case, as regards the Government's argument that the legislation specifically applicable to the merchant navy is in harmony with the Conventions because it is of a general nature and was not adopted to the detriment of the PEMEN, the Committee recalls that in accordance with Article 3 of Convention No. 87 the Government is required to refrain from any interference which would restrict the right of workers' and employers' organisations to elect their representatives in full freedom, to organise their activities and to formulate their programmes. The Committee considers that the only limitations that might possibly be acceptable should consequently aim solely at ensuring respect for democratic rules within the trade union movement and in particular at the level of the federation. The limitation to one-tenth of the total number of votes imposed by the law on occupational associations when they vote in the general assemblies and congresses of federations goes beyond a simple guarantee of democratic procedure and, in the view of the Committee, and as was already pointed out by the Committee of Experts, constitutes a measure incompatible with the standards and principles of Convention No.
3. 175. Consequently the Committee, taking note of the assurances given by the Government to the effect that the Ministry of the Mercantile Marine, when it comes to revise the legislation in force, will examine the possibility of amending the legislation taking account of the views expressed by the PNO, hopes that the revised legislation will take account of the principles set forth above.

The Committee's recommendations

• Recommendations of the Committee
  176. 176 In these circumstances, the Committee recommends the Governing Body to approve the present report and in particular to note that the legislation in force in respect of the right to vote of occupational associations of seafarers within their federation entails limitations which go beyond simple guarantees of procedure designed to ensure democracy within the trade union organisations.
• The Committee expresses the hope that when the law is revised account will be taken of the principles concerning the free election of trade union leaders, as set forth in Convention No. 87, and it draws this case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.