Definitive Report - Report No 207, March 1981

1. 71. The complaint is contained in a communication from the Workers' Unitary Trade Union Confederation (CSUT) dated 6 September 1980. The Government replied in communications dated 13 October, 11 November and 3 December 1980.
2. 72. 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. Allegations of the complainant

1. 73. In its communication of 6 September 1980, the CSUT alleges that the negotiations involved in drafting a ministerial order to regulate the holding of trade union elections in Spain took place without its participation despite the fact that it formed a part of the Mediation, Arbitration and Conciliation institute which is responsible under law for deciding matters relating to elections. The CSUT also considers that some provisions of the ministerial order are contrary to Convention No.

B. Government's reply

1. 74. The Government states in its communications that the complaint would hardly appear to be receivable since it relates to a future question which had not been decided at the time, i.e. election regulations that were published only on 29 September 1980, or three weeks after the CSUT's communication, and which the complainant was therefore wholly unfamiliar with at the time, as a comparison of the regulations in question with the text of the complaint shows. The Government also states that the CSUT is not one of the most representative trade union organisations, referring on this point to the last report of the Credentials Committee of the International Labour Conference.

C. Committee's conclusions

1. 75. The Committee observes that the Government has questioned the receivability of the complaint and has taken note of its statements in this respect.
2. 76. Having verified that the complaint comes from a workers' organisation and contains allegations concerning the violation of trade union rights, namely the exclusion of an organisation, which claims to be legally constituted, from negotiations involved in drafting election regulations, the Committee considers that the complaint is receivable.
3. 77. As regards the exclusion of the CSUT from negotiations prior to the adoption of the election regulations, the Committee has taken note of the Government's statement that the CSUT is not a representative trade union and has corroborated the reference made in the Third Report of the Credentials Committee of the 66th Session of the International Labour Conference (1980) to a written communication from the Spanish Government stating that the CSUT had obtained only 2.81 per cent of the votes in the last trade union elections.
4. 78. On previous occasions, in referring to certain privileges such as priority granted for the purpose of collective bargaining, consultation by governments or the appointment of delegates to international bodies, the Committee considered that it does not run counter to the principles of freedom of association to grant such advantages to trade union organisations deemed to be the most representative on the ground of having the largest membership.