Effect given to the recommendations of the committee and the Governing Body - Report No 344, March 2007

Effect given to the recommendations of the Committee and the Governing Body

1. 217. The Committee last examined this case, concerning allegations of interference by the Ukrainian authorities and employers of various enterprises in trade union internal affairs, dismissals, intimidation, harassment and physical assaults on trade union activists and members, denial of facilities for workers’ representatives and attempts to dissolve trade unions, at its May–June 2006 meeting [see 342nd Report, paras 918–994]. On that occasion, it made the following recommendations:
2. (a) The Committee notes with interest the efforts made by the Government to provide information on many of the cases brought to its attention and the fact that several of these matters have now been resolved. The Committee encourages the Government to continue to review the outstanding matters and reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.
3. (b) The Committee notes the initiative taken to establish independent investigations into several of the allegations in this case which, using a tripartite model, have included representatives from the employers’ and workers’ organizations concerned, the National Mediation and Conciliation Service and the regional state labour inspectorates. The Committee encourages the Government to continue to review the outstanding matters where possible through the use of similar independent commissions.
4. (c) The Committee regrets that the Government provides no information on whether appropriate compensation was paid to those trade unions of the Western Donbass Association of the NPGU, which suffered material damage due to the illegal search and requests the Government to keep it informed in this respect.
5. (d) The Committee requests the Government to indicate whether all due amounts for cultural and recreational activities are now being paid to the NPGU primary trade union at the “Zolotoye” mine on a monthly basis, as stipulated by the collective agreement.
6. (e) The Committee once again requests the Government to provide a copy of the minutes of the meeting of 2 April 2004, during which, according to the Government, all problematic issues that had arisen at the “Krivorozhsky” plant were settled by the representatives of the provincial state administration, the management of the plant and trade unions.
7. (f) The Committee once again requests the Government to carry out an independent investigation into the allegations of an anti-union campaign carried out by the management of McDonald’s and, if it is found that workers were indeed harassed and intimidated in an attempt to dissuade them from becoming members of a union, to take suitable measures to redress the situation and to ensure that workers may effectively exercise their fundamental right to organize. It requests the Government to keep it informed in this respect.
8. (g) The Committee once again requests the Government to provide information on the outcome of the independent inquiries into the allegations of anti union dismissals at the “Knyagynskaya” mine, the “Tomashpilsakhar” and “Promproduct” enterprises. It further requests the Government to provide copies of the court decisions concerning dismissals of Ms. Polivoda from the Aleksandrovsk State Technical College of Agriculture and Mr. Dzyubko from the locomotive depot “Imeni Shevchenko”.
9. (h) The Committee once again requests the Government to institute immediately an independent judicial inquiry into the allegations of physical assaults on Mr. Shtulman, Mr. Fomenko and Mr. Kalyuzhny with a view to fully clarifying facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. It requests the Government to keep it informed of any developments regarding these cases, as well as the criminal investigation regarding the abduction and physical assaults on Mr. Volynets’ son.
10. (i) The Committee requests the Government to indicate whether the issue of suspension of check-off facilities at the “Tomashpilsakhar” enterprise has been settled.
11. (j) The Committee once again requests the Government to indicate whether trade union dues deducted from workers’ wages during 2002–03 at the “Brodecke” and “Brodecke sugar refinery plant” enterprises were duly paid to the FPU-affiliated unions and, if not, to take the necessary measures to ensure the transfer of these dues.
12. (k) The Committee requests the Government to provide its observations on the complainants’ allegation of revocation of registration of the primary trade union at the “Krasnolimanskaya” mine and to conduct an independent inquiry into this matter and to keep it informed of the outcome.
13. (l) The Committee once again requests the Government and the complainants to provide further information on the reasons for the dissolution of the All Ukrainian Union of Football Players, as well as any further developments in its status.
14. (m) The Committee requests the Government to take the necessary measures so as to ensure that the trade union at the “Azovstal” enterprise is re-registered.
15. (n) The Committee requests the Government to provide a copy of the judgement related to the registration of the Federation of Free Trade Unions of Lvov Railways.
16. (o) The Committee expresses its hope that all of the amount due to the trade union at the “Stakhanova” mine will be paid to the union without delay. It requests the Government to keep it informed in this respect.
17. (p) The Committee requests the Government to keep it informed of the developments regarding the adoption of a new collective agreement at the Ilyichevsk Maritime Commercial Port.
18. (q) The Committee requests the Government to conduct an independent investigation into the reasons for Mr. Suk’s resignation from the “Krasnolimanskaya” coal company and if it is found that Mr. Suk was in any way forced to resign due to his union activities, to take suitable measures to remedy this situation, including the provision of sufficiently dissuasive sanctions so as to avoid any reoccurrence of such anti-union discrimination. It requests the Government to keep it informed in this respect.
19. (r) The Committee requests the Government to indicate whether the primary trade union “Defence of Justice” is recognized for collective bargaining purposes at the “Krasnoarmeyskiy dinasovy zavod” enterprise.
20. (s) The Committee regrets that the Government provides no information with regard to the allegations of violations of trade union rights at the “Ordzhonikidze” mine, the “Ilyich” metallurgical enterprise and the “Marganets ore mining and processing” enterprise and urges the Government to transmit its observations thereon without delay.
21. (t) The Committee requests the Government to indicate the measures it has taken in order to ensure the legalization of the free trade union “Oktan” established at the Oil Investment Company of Lysychansk city. It further requests the Government to provide its observations on allegations of pressure put on trade union members, threats of dismissals, refusal to grant access to the enterprise’s premises to the union chairperson and prohibition to hold trade union meetings which took place at the Oil Investment Company and the boarding school of Sosnytsia city.
22. 218. By communications dated 14 March (received 14 June), 23 and 29 August, 5 September and 2 October 2006, the Confederation of Free Trade Unions of Ukraine (CFTUU) transmits the following information with regard to the Committee’s recommendations and further allegations of violation of trade union rights.
23. – “Oktiabrskaya” mine in Krivoy Rog city: The management of the mine does not recognize the primary trade union organization of the Independent Trade Union of Miners (NPGU) and launched an anti-union campaign by threatening trade union members with reduction of wages.
24. – “Snejnoeatratsit” state enterprise: The enterprise management launched an anti-union campaign against the NPGU primary trade union. The chairperson of this organization was asked by the management to liquidate the union and to join the old “state” union. Moreover, a trade union member was fired without prior agreement of the NPGU primary trade union.
25. – Railway transport “Ukrzaliznucia” enterprise: The administration does not recognize the CFTUU primary trade unions established at the enterprise. The enterprise management does not provide these unions with office space and does not transfer money for cultural activities. Unlike old “state” trade union leaders, the leaders of CFTUU-affiliated unions are not invited to the meetings with administration. According to the CFTUU, old “state” trade unions active at this enterprise are also determined to get rid of the new independent trade unions.
26. – Mariupol and Herson Ports: The administration puts pressure on the primary trade unions affiliated to the All–Ukrainian Trade Union “Defence of Justice” using blackmail and threats.
27. – “Mariupol Ilyich Metallurgical Complex”: The management puts pressure on trade union members of the primary union of the All–Ukrainian Trade Union “Defence of Justice”. It refused to recognize the union and to bargain collectively with its representatives.
28. – Kiev Metro: Pressure was put on trade union members of the CFTUU-affiliated primary trade union. The union was not allowed to sign a collective agreement and the transport prosecutor refused to react to the appeals made by the union to institute criminal proceedings against the persons hampering trade union activities. The allegations of anti-union discrimination were also left without response.
29. – Kharkiv State University of Arts: The university administration does not recognize the primary free trade union of the All–Ukrainian Trade Union “Defence of Justice”. The university administration puts pressure on trade union members, does not allow its representative to participate in collective bargaining and refuses to transfer trade union dues despite requests made by trade union members in this respect.
30. – Sosnitsa city boarding school: The director of the school puts pressure on trade union members. The chairperson of the primary trade union of the Free Trade Union of Education and Science of Ukraine was beaten by the director when she asked him to provide explanations concerning the refusal to allow her to participate in the round table on gender equality organized by the CFTUU.
31. – Oil Investment Company of Lysychansk (“Linnik”): The enterprise management transmitted the list of names of the free trade union members to the deputy-head of the Transportation of Oil and Oil Products and the Security Departments. The leader of the “traditional” trade union forged a collective agreement so as to stipulate that the management should work only with this union. All these acts are aimed at forcing the members of the free trade union “Oktan” to leave the union.
32. – “Krimsky Titan” enterprise: The chairperson of the NPGU’s primary trade union was beaten by one of the managers following trade union leader’s request addressed to the enterprise administration to ensure full respect of the collective agreement.
33. – “VK Dnepropetrovsk” enterprise: The enterprise management does not recognize the CFTUU primary trade union organization. The founder of the primary trade union organization was illegally dismissed.
34. – Office of Public Prosecutor and the Ministry of Internal Affairs of Chervonograd city: The premises of trade union committees at the “Lesnaya”, “Zarechnaya” and “Viseyskaya” mines were searched by the police following a warrant issued by the Office of Public Prosecutor. The documents related to the activities of the unions were seized.
35. – Lviv Railroad: In March 2006, Mr Smereka was elected chairperson of the free trade union. On 12 April 2006, the administration was informed of his election and threatened Mr Smereka with a dismissal. On 20 March 2006, Mr Smereka was suspended from his post to be eventually dismissed on 31 August 2006.
36. – “Zvezda” State Plant: The management of the plant has launched an anti-union campaign to destroy the CFTUU-affiliated primary trade union. It has not provided the union with an office space, did not transfer funds for cultural activities, refused to bargain collectively with the union, threatened trade union members with dismissals. Trade union members are searched at the entrance of the plant. Finally, the plant management took administrative measures against two trade union leaders without prior approval by the trade union committee.
37. 219. By communications dated 3, 24 and 26 July, 21 August and 22 September 2006, and 12 January 2007, the Government transmits the following information on the measures taken to implement the Committee’s previous recommendations and observations on the complainants’ further allegations:
38. – Recommendation (d) (“Zolotoye” mine): An inspection carried out by the Territorial State Inspectorate established that all due amounts for cultural and recreational activities were paid to the NPGU primary trade. This issue had been settled between the management of the mine and the enterprise trade union committees.
39. – Recommendation (f) (McDonald’s Ukraine Ltd.): The Territorial State Labour Inspectorate did not find any evidence of existence of a trade union organization at the enterprise. However, a work council had been set up. Its members were elected by a general assembly of workers. No proposals from workers to establish a trade union had been submitted to the Council.
40. – Recommendations (g) and (i) (“Tomashpilsakhar”): Following the decision of the Vinnitsa Regional Economic Court dated 6 April 2004, which declared the bankruptcy of the enterprise, the plant was liquidated and removed from the State Register of Enterprises and Organizations. Therefore, it is no longer possible to conduct an investigation into the allegations of anti-union dismissals and non-payment of trade union dues.
41. – Recommendation (g) (“Knyagynskaya” mine): Mr Yushchenko, the NPGU member, was reinstated without loss of pay pursuant to court order dated 25 March 2005. He was also compensated for moral damages.
42. – Recommendation (h): (1) According to results of an inquiry conducted into the circumstances of the assault on Mr Volynets, it was ascertained that the crime was reported to the Darnitsky district police department in Kyiv on 8 March 2004. On 10 March 2004, criminal proceedings for malicious hooliganism were instituted by the office of public prosecutor (later reclassified as robbery). An investigation team considered different reasons behind this crime, including a possible connection between the crime and the professional activity of the victim’s father, people’s deputy Mr M. Volynets. However, the latter and other members of the victim’s family refused to testify. The victim himself agreed to participate in the necessary inquiries only after obtaining his father’s consent, which made it somewhat more difficult to ascertain the truth. Despite the fact that a number of investigative measures were carried out, the crime has remained unsolved. On 30 May 2006, the criminal proceedings were suspended under section 206(3) of the Code of Penal Procedure. (2) According to the findings of an inquiry into the circumstances of acts of hooliganism committed against Mr Kalyuzhny, the victim was assaulted in the entrance of an apartment building by unidentified persons who used a rubber mallet to inflict moderately serious bodily injuries on 21 July 2003. On the same day, the investigation department of the Alchevsk municipal police instituted criminal proceedings for malicious hooliganism and set up an investigation team to investigate the crime. The connection between the acts of hooliganism committed against Mr Kalyuzhny and his professional activity, as well as his public and political activism was considered in the course of investigation. Unfortunately, despite the measures taken, the perpetrators have not been found. On 5 July 2004, the criminal proceedings were suspended under section 206(3) of the Code of Penal Procedure. Investigations aimed at identifying the perpetrators of the abovementioned crimes are continuing under the supervision of the Ministry of Internal Affairs.
43. – Recommendations (k) and (q) (“Krasnolimanskaya” coal company): (1) The NPGU primary trade union was registered on 25 May 2005 and its registration has not been revoked. Currently, it has six members who are retired employees of the company. (2) With regard to the allegation of anti-union dismissal, the Territorial State Labour Inspectorate determined that Mr Suk resigned voluntarily in July 2005 in accordance with the labour legislation. On 29 July 2005, Mr Suk addressed a communication to the trade union committee stating that he had no complaints against the trade union committee and the mine management.
44. – Recommendation (o) (“Stakhanov” mine): An inspection carried out at this enterprise met with the chairperson of the NPGU primary trade union who explained that there have been no cases of interference by the management in the activity of the union. At the time of the inspection, the enterprise was in arrears with the payment of 1 per cent owed to the trade union for cultural and recreational activities. It was suggested to the union chairperson to file a complaint of an administrative offence under section 41(2) of the Code of Administrative Offences. However, the union chairperson explained to the inspector that he decided to waive this right as the arrears dated back to the term of the previous director of the mine and that since the appointment of a new director in March 2006, all payments had been made on time.
45. – Recommendation (p) (Ilyichevsk Maritime Commercial Port): An inspection carried out by the Territorial State Labour Inspectorate established that industrial, labour and social relations in the port are governed by a collective agreement for 2001–04, as amended. As regards the conclusion of a new collective agreement, according to the minutes of the meeting of a working group set up to draft a new collective agreement (attended by the representatives of management and of all five trade unions active at the enterprise), the beginning of collective bargaining was postponed to 1 October 2006.
46. – Recommendation (r) (“Krasnoarmeyskiy dinasovy zavod”): The labour inspector of the Territorial State Labour Inspectorate conducted a meeting between the management of the enterprise and the chairperson of the NPGU primary trade union. The latter stated that while the instances of refusal to sign a collective agreement had taken place in 2005, the situation had since then improved and the new collective agreement was now signed.
47. – Recommendation (s): (1) According to information provided by the Dnepropetrovsk regional state administration and the chairperson of the trade union committee at the “Marganets ore mining and processing” enterprise, no violations of the rights of trade union committees at the “Ordzhonikidze” mine have been found. (2) According to information from the Labour and Social Protection Directorate of the Donetsk regional state administration, the Territorial Labour Inspectorate and the Office of Public Prosecutor conducted inspections at the “Ilyich” metallurgical enterprise. However, none of the inspections had found any violations of the rights of the primary trade union of the All–Ukrainian Trade Union “Defence of Justice” by the plant management. The trade union did not agree with the conclusions of the inspections and sought to have the management’s actions declared illegal by the district court. However, the proceedings in these cases were closed by a court decision of 23 August 2006. The primary trade union has filed an appeal against this decision. (3) The Dnepropetrovsk regional state administration, together with the “Marganets ore mining and processing” enterprise, has examined the allegations of violation of trade union rights in the enterprise. The chairperson of the board of directors of the plant stated that in accordance with the legislation in force, the plant management does not interfere in the activity of trade union committees, including the activity of the NPGU. The NPGU enjoys the same rights as other enterprise trade union committees. Membership in one trade union or another does not entail restrictions of any rights or advantages in concluding or changing an employment contract. The enterprise employees and the NPGU members have not addressed any complaints to the management of the enterprise.
48. – Recommendation (t): (1) At the meeting between the representatives of the Lugansk regional state administration and the chairperson of the “Oktan” trade union it was ascertained that the trade union had been legalized on 13 June 2006. On 26 June 2006, the management of the Oil Investment Company of Lysychansk gave the chairperson of the union the permission to enter the enterprise and provided the union with an office. The management further undertook to provide the union with office equipment and telephone line. The union chairperson did not have any complaints against the enterprise management. (2) An investigation carried out by the Department of Education and Science of the Chernigov Regional Administration established that the director of the Sosnytsia city boarding school did not commit any acts violating the rights of the chairperson of the primary trade union of the Free Trade Union of Education and Science of Ukraine. To the contrary, the director of the school suggested to the union to delegate its representative to the working group set up to draw up a collective agreement. With regard to the participation of the trade union chairperson in the seminar, the Government indicates that while the school director agreed to release her from her duties so as to allow her to participate in the seminar, it was not possible to pay for the time off from work. The chairperson nevertheless participated in the seminar whilst on sick leave. The alleged instances of threats to dismiss the chairperson were not confirmed and the chairperson had not been able to provide specific evidence of violation of national legislation by the director of the school.
49. – “Oktiabrskaya” mine in Krivoy Rog city: The regional state labour inspectorate carried out an inspection to the allegations made by the NPGU and concluded that there had been no evidence of threats and blackmail against members of the NPGU primary trade union. The Krivoy Rog city public prosecutor has also examined the allegations and also concluded that there had been no violation of trade union rights. The Government also indicates that the NPGU primary trade union can also exercise its right to bring the legal action before the relevant courts if it considers that its rights had been violated.
50. – “Zvezda” plant: Workers, independently and free from any pressure, can join trade unions of their own choosing. The CFTUU-affiliated trade union has its office space at the enterprise. It was invited to participate in the collective bargaining process. While a joint representative body had never been created, before the collective agreement was signed, it was discussed at the workers’ meetings. The CFTUU-affiliated union had fully participated in the discussions, the outcome of which was reflected in the collective agreement signed on 30 May 2006. However, an inspection carried out at the enterprise revealed that the employer failed to transfer trade union dues to the union’s account, as well as the money for cultural and recreational activities. The employer was instructed to eliminate all violations of the legislation. The territorial state labour inspection of the Sumy region will follow up this matter.
51. – “Linnik” enterprise: The independent trade union “Oktan” was provided with an office space in July 2006. In accordance with the collective agreement, the employer transfers the relevant amount of money for cultural and recreational activities. With regard to the allegation of forgery of the collective agreement, an inspection carried out at the enterprise confirmed that some of the provisions of the collective agreement concerning the functioning of other trade unions did not correspond to the original text of the agreement. The state inspector instructed the management to eliminate the violation of the labour legislation, which had been done immediately, during the inspection.
52. 220. The Government transmits copies of the previously requested documents in respect of the following recommendations:
53. – Recommendation (e): A copy of the minute of the meeting of 2 April 2004 between the management and the trade union, according to which all the problematic issues that had arisen at the “Krivorozhsky” plant had been settled jointly with the representatives of the Dnepropetrovsk regional state administration, the management and the trade unions of the plant.
54. – Recommendation (g): (1) Copies of the court decisions concerning dismissal of Mr Polivoda from the Aleksandrovsk State Technical College of Agriculture. The Appeal Court of Kirovograd region and the Supreme Court both maintained the decision of the lower courts, which had declared the dismissal legal. The plaintiff in these cases did not plead an anti-union discrimination. (2) Copy of the court decision concerning dismissal of Mr Dzyubko from the locomotive depot “Imeni Schevchenko”. The court declared the dismissal illegal and ordered the reinstatement of Mr Dzyubko in his post, without loss of wages and ordered for a compensation to be paid for the moral damages suffered. The Government also transmits Order No. 129/0C of 27 April 2006 pursuant to which Mr Dzyubko was reinstated. (3) With regard to the dismissals from the “Promproduct” enterprise, the Government transmits copies of the court decisions concerning Mr Komissarov and Mr Dubovoi. In both cases, the courts found no violation of labour legislation. In both cases, the allegations of anti-union discrimination were rejected by the courts, which considered that there was no tangible proof of the existence of a trade union organization in time of the dismissal. The Government also indicates that there is no decision in the case of dismissal of Mr Karpov from the “Promproduct” enterprise since the plaintiff did not appear in court. Furthermore, it is no longer possible to investigate the allegations of anti-union dismissals at this enterprise as all documents were destroyed in a fire occurred on 3 June 2006.
55. – Recommendation (l): Copy of the decision of the Supreme Court of Ukraine of 17 June 2004, which maintained the decisions of lower courts with regard to Order No. 1368 of 20 August 2000 of the Ministry of Justice revoking the by-laws and certificate of registration of the All-Ukrainian Union of Football Players.
56. – Recommendation (m): Copy of the ruling of the Economic Court of Donetsk region of 1 March 2004 to cancel registration of the independent trade union at the “Azovstal” enterprise. The Government states that this ruling is still in force.
57. – Recommendation (n): Copy of registration certificate No. 749 of 7 April 2000 of the Federation of Free Trade Unions of Lvov Railways, a copy of the ruling of the Economic Court of Lvov region of 8 August 2005 and a copy of the ruling of the Lvov Appellate Economic Court of 6 December 2005. Both courts consider that the dispute involving registration/liquidation of trade union organizations lies outside of the sphere of competence of economic courts.
58. 221. The Government further states that it had requested the relevant local executive bodies to examine the complaints of violation of trade union rights of the CFTUU-affiliated trade unions. It will inform the Committee of the outcome of the inquiries carried out in this respect.
59. 222. The Committee notes with interest that all outstanding issues between primary trade unions at “Zolotoe” mine, “Krivorozhsky” plant and the “Kransnoarmeyskiy dinasovy zavod” and the management of these enterprises have been resolved (recommendations (d), (e) and (r)). The Committee further notes with interest the reinstatement without loss of pay of Mr Dzyubko (the locomotive depot “Imeni Shevchenko”) and Mr Yushenko (“Knyagynskaya” mine) (recommendation (g)), the registration of the primary trade union at the “Krasnolimanskaya” mine (recommendation (k)) and the legalization of the free trade union “Oktan” established at the Oil Investment Company of Lysychansk city (“Linnik”) (recommendation (t)). Finally, the Committee takes note of the information on the recent allegations of violation of trade union rights at the “Oktyabrskaya” mine, the “Zvezda” plant and the “Linnik” enterprise.
60. 223. The Committee notes the information and the relevant documents provided by the Government in respect of: the outcome of the investigations at McDonald’s Ukraine Ltd. and “Ordzhonikidze” mine which revealed no violations of trade union rights at these undertakings (recommendations (f) and (s)), the alleged anti-union dismissals from the “Promproduct” enterprise and the dismissal of Mr Polivoda from the Aleksandrovsk State Technical College of Agriculture (recommendation (g)), the liquidation of “Tomashpilsakhar” enterprise (recommendations (g) and (i)), the payment of arrears for cultural and recreational activities to the trade union at the “Stakhanova” mine by the enterprise management (recommendation (o)), the resignation of Mr Suk from the “Krasnolimanskaya” enterprise (recommendation (q)), and the alleged violations of trade union rights at the Oil Investment Company of Lysychansk city and the Sosnytsia city boarding school (recommendation (t)). Finally, the Committee takes note of the information on the recent allegations of violation of trade union rights at the “Oktyabrskaya” mine.
61. 224. With regard to recommendation (c), the Committee regrets that the Government provides no information on whether appropriate compensation was paid to those trade unions of the Western Donbass Association of the NPGU, which suffered material damage due to the illegal search and once again requests the Government to keep it informed in this respect.
62. 225. With regard to recommendation (h), the Committee notes the information provided by the Government in respect of the inquiries into the allegations of physical assaults on Mr Kalyuzhny and Mr Volynets and requests the Government to continue keeping it informed of the developments regarding investigations of these cases presently being supervised by the Ministry of Internal Affairs. The Committee regrets that the Government provides no information as to the inquiries into the allegations of physical assaults on Mr Shtulman and Mr Fomenko. It therefore requests the Government to transmit this information without delay.
63. 226. With regard to recommendation (j), the Committee regrets that no information was provided by the Government as to whether trade union dues were transferred during 2002–03 at the “Brodecke” and “Brodecke sugar refinery plant” enterprises were duly paid to the FPU-affiliated unions. The Committee requests the Government to ensure that transfer of these dues have been transferred and to keep it informed in this respect.
64. 227. With regard to recommendation (l), while noting the decision of the Supreme Court of Ukraine of 17 June 2004, which maintained the decisions of lower courts with regard to Order No. 1368 of 20 August 2000 of the Ministry of Justice by which the by-laws and certificate of registration of the All–Ukrainian Union of Football Players were revoked, the Committee regrets that neither the Government nor the complainant have provided additional information requested on the reasons for the dissolution of the union. The Committee therefore once again requests the Government and the trade union to provide clarification in this respect, as well as to the current status of the All–Ukrainian Union of Football Players.
65. 228. With regard to recommendation (m), the Committee notes the decision of the Economic Court of Donetsk region of 1 March 2004 to cancel registration of the independent trade union of the “Azovstal” enterprise for unlawful use of the enterprise’s name in the title of the union and the Government’s statement that this ruling is still in force. The Committee recalls that in its previous examinations of this case, it considered that the use of the company’s name in the title of the trade union should not result in the cancellation of trade union registration and requested the Government to take the necessary measures so as to ensure that the trade union at the “Azovstal” enterprise is re-registered. Regretting that no measures have been taken by the Government in this respect, the Committee once again urges the Government to ensure re-registration of the trade union at the “Azovstal” enterprise and to keep it informed in this respect.
66. 229. With regard to recommendation (n), the Committee notes a copy of registration certificate No. 749 of 7 April 2000 of the Federation of Free Trade Unions of Lvov Railways, a copy of the ruling of the Economic Court of Lvov region of 8 August 2005 and a copy of the ruling of the Lvov Appellate Economic Court of 6 December 2005 transmitted by the Government. The Committee notes that both courts consider that the dispute involving registration/liquidation of trade union organizations lies outside of the sphere of competence of economic courts. The present status of this organization is therefore unclear to the Committee. It therefore requests the Government to indicate whether the Federation of Free Trade Unions of Lvov Railways is presently registered.
67. 230. With regard to recommendation (p), the Committee notes the Government’s indication that the working group set up to draft a new collective agreement at the Ilyichevsk Maritime Commercial Port and which includes the representatives of management and of all five trade unions active at the enterprise had scheduled the collective bargaining to begin on 1 October 2006. The Committee requests the Government to provide further information on the progress made in this regard.
68. 231. With regard to recommendation (s), the Committee notes the information provided by the Government in respect of the alleged violations of trade union rights at the “Ilyich” metallurgical enterprise and the “Marganets ore mining and processing” enterprise. As concerns the first enterprise, the Committee notes that while two inspections conducted at the enterprise established no violations of trade union rights, the union contested the findings of the inspections. This case was now in the stage of appeal. The Committee requests the Government to keep it informed of the developments in this regard. With regard to the second enterprise, it appears to the Committee that the inquiry into the allegations of anti-union campaign at the enterprise was limited to obtaining information from the chairperson of the board of directors of the plant. In these circumstances, the Committee requests the Government to examine this matter further with the participation of the union concerned and to keep it informed in this respect.
69. 232. The Committee notes the new allegations submitted by the CFTUU. The Committee recalls that in its previous examination of this case, it had noted with interest the initiative taken to establish investigations into several of the allegations in this case which, using a tripartite model, included representatives from the employers’ and workers’ organizations concerned, the National Mediation and Conciliation Service and the regional state labour inspectorates. The Committee encourages the complainant and the Government to examine the new allegations, as well as some of the outstanding matters, where possible through the use of similar commissions. Noting with interest the efforts made by the Government to solve many cases brought to the attention of the Committee, the Committee trusts that the Government and the social partners, in the interest of all those involved, will examine the alleged violations of trade union rights and, where confirmed true, will take the necessary measures to eliminate all such violations. The Committee requests the Government to keep it informed in this respect.
70. 233. The numerous recent allegations from the complainant concerning specific enterprises would appear to demonstrate a lack of confidence in national procedures and a resort to the Committee in the first instance. The Committee therefore firmly encourages the Government and the social partners to review the current functioning of national mechanisms so as to ensure a fully functioning system at national level to guarantee respect for freedom of association in practice in a manner which has the full confidence of all parties concerned.