Informe definitivo - Informe núm. 211, Noviembre 1981

1. 36. The Police Officers' Trade Union submitted its complaint in a communication dated 24 November 1980. The complainant sent additional information on 3 January 1981 and 24 July 1981. The Government replied in a communication dated 7 May 1981.
2. 37. Spain 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. The complainant's allegations

1. 38. The complainant alleges that after the Union's National Committee had submitted its demands to the Ministry of the interior and publicly released its resolutions and decisions at a press conference, the Ministry of the interior closed the Union's premises and local offices throughout Spain and took disciplinary action against high-ranking representatives of the Union, proceedings against 30 being pending at present. The complainant states that two appeals made by the union, one relating to the closure of its offices and the other to the action taken against various union representatives, were upheld by the courts and transmits the text of the verdict concerning the closure of the offices and the decision of the examining magistrate proposing the stay of disciplinary proceedings against Mr. Pablo Sánchez Garcia, National President of the Police Officers' Trade Union.
2. 39. The complainant adds that the Director-General of Police called a meeting of the Union's National Committee on his own authority, contrary to the Union's rules and regulations, with the aim of boycotting the negotiations and steps under way, removing high-ranking trade unionists and setting up parallel bodies obedient to the authorities.
3. 40. Finally, the complainant alleges that permission for the Union to hold a peaceful public demonstration was refused, that authorisation for a general meeting of the Union was withheld, and that when the meeting finally took place steps were taken to prevent a number of the Union's representatives from attending.

B. The Government's reply

1. 41. The Government states that the exercise of trade union rights within the police force has in no way been hindered or delayed. Authorisations for release from duty to enable union representatives to attend union meetings, the Government continues, are strictly subject to the rule that such releases shall not prejudice the effectiveness of the police force to ensure public safety and prevent crime; in accordance with this rule, authorisations were granted only in cases where the absence of the officers from duty did not prejudice the effectiveness of the police force.
2. 42. As regards the allegation that proceedings were instituted against police officers representing the Union, the Government states that disciplinary measures were taken in a number of cases under the Government Police Regulations; and these cases are being examined at present in order to determine whether any administrative infractions were committed.
3. 43. As regards the closure of the Union's offices by the General Directorate of Police, the Government states that the Directorate readily granted permission for the provisional use of official premises for the Union's normal activities and closed premises only where evidence existed that they would be used to promote strike action among police officers, such action being prohibited to these public servants. Once the reasons for closing the premises ceased to exist, permission was granted, on 14 November 1980, to the officers of the Management Committee of the Police Officers' Trade Union to use the premises again.

C. The Committee's conclusions

1. 44. The Committee has noted the allegations of the complainant organisation and the Government's observations. However, it observes that this complaint was submitted by the Police Officers' Trade Union whose members, as is clear from its title and its rules and regulations, are officials of the police force. The Committee recalls in this respect that Article 9(1) of Convention No. 87 provides that "the extent to which the guarantees provided for in this Convention shall apply to the armed forces and the police shall be determined by national laws or regulations".
2. 45. The Committee notes in this connection that neither the complainant nor the Government has made any precise reference to regulations governing the points at issue. For this reason, and since the legislative process required for the determination of the principles to be applied to the police as regards trade union matters has not yet been completed, the Committee believes that there is reason to hope that this process will result in the adoption of provisions which will define the exact extent of the trade union rights of this category of workers. The Committee therefore believes that it is inadvisable for it to decide on the allegations contained in this complaint.
3. 46. The Committee also observes that some of these allegations have already been considered by the Spanish judicial authorities and rulings given, and that Spanish legislation provides legal channels for the examination of the questions raised by the complainant.