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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 213. The Committee examined this case, which concerns allegations of employer interference and anti-union discrimination in two enterprises, at its meeting in March 2006 [340th Report, paras 1297–1352] and reached the following recommendations:
- (a) With regard to the two pending court cases concerning the validity of the resignations of the workers from the complainant organization and the joining of the Turkish Metal Union as well as the recognition of the Turkish Metal Union’s competence for collective bargaining purposes in the Colakoglu Metallurgy Enterprise, the Committee expresses the hope that the courts will reach decisions on these matters without further delay and requests the Government to keep it informed in this respect and to transmit a copy of the decisions as soon as they are handed down.
- (b) With regard to the complainant’s allegation that its representatives were prevented from performing their duties, the Committee requests the Government to take all necessary measures to ensure respect for the principle that minority trade unions that have been denied the right to negotiate collectively should be permitted to perform their activities and especially to speak on behalf of their members and to represent them in the case of an individual claim, and to keep it informed in this respect.
- (c) The Committee requests the Government to take all necessary measures to ensure that any effects that the acts of anti-union discrimination which took place in Grammer AS in March 2004 may have on the membership of the complainant organization will be fully rectified, including in the framework of the voluntary steps taken by the management to this effect, and to keep it informed in this regard.
- (d) The Committee requests the Government to keep it informed of the outcome of the legal proceedings under way concerning the recognition of the trade union with competence for collective bargaining purposes in Grammer AS.
- 214. In a communication dated 18 October 2006, the Government provided information on point (a) above, by transmitting the decision of the second Labour Tribunal of Kocaeli concerning the disagreement in the Colakoglu Metallurgy Enterprise. In particular, the court rejected the proceedings initiated by the complainant Birlesik Metal Is and its decision was approved on 15 February 2005 by the Appeals Court.
- 215. The Committee notes that the second Labour Court rejected the proceedings initiated by the complainant Birlesik Metal Is on the validity of the resignations of its members and their joining of the Turkish Metal Union, as well as the recognition of the Turkish Metal Union’s competence for collective bargaining purposes, essentially because of lack of sufficient evidence. It also observes that as a result of the court’s decision, the complainant union Birlesik Metal Is is no longer recognized as the majority union in the Colakoglu Metallurgy Enterprise. In this respect, recalling that the complainant had alleged that its representatives were prevented from performing their duties, the Committee emphasizes once again that minority trade unions that have been denied the right to negotiate collectively should be permitted to perform their activities and especially to speak on behalf of their members and to represent them in the case of an individual claim. The Committee once again requests the Government to take all necessary measures to ensure respect for the above principle.
- 216. The Committee finally notes with regret that the Government does not provide any information on steps taken to rectify the effects of acts of anti-union discrimination in Grammer AS and the outcome of the legal proceedings concerning the recognition of the trade union with competence for collective bargaining purposes in Grammer AS. The Committee requests the Government to provide information in this regard as soon as possible.
