Effect given to the recommendations of the committee and the Governing Body - Report No 382, June 2017

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

1. 103. The Committee recalls that, in the context of the denunciation by the FIAT Group (hereinafter the automotive group) of the collective agreements by which it was bound and the conclusion of new agreements which the Federazione-Impiegati Operao Metallurgici–the Italian General Confederation of Labour (FIOM–CGIL) has left unsigned, this case concerns, firstly, the latter organization’s exclusion from entitlement to a number of trade union rights – in particular that of having enterprise-level representatives – which are reserved for organizations that sign the agreements in force at the company, and also alleged acts of anti-union discrimination against the FIOM–CGIL and its members at the company in question. The Committee considered this case at its meeting in March 2014 [see 371st Report, paras 580–626]. On that occasion it made the following recommendations:
   • (a) The Committee requests the Government to act quickly in the matter and to keep it informed of the initiatives taken by the Government, in consultation with the social partners, to draw any legislative consequences from the Constitutional Court’s decision of 3 July 2013 concerning the definition of criteria for assigning the strengthened trade union rights recognized by article 19 of the Workers’ Statute, in line with the ILO’s Conventions and principles concerning freedom of association.
   • (b) Observing that the deduction of trade union dues of affiliated workers in favour of the various representative trade unions was discontinued with regard to the FIOM–CGIL after its refusal to sign the collective agreement, the Committee, in view of the merits of the case and taking into account the court decisions already rendered ordering the resumption of such deductions in several enterprises of the Group, requests the Government to bring together the parties concerned, in order to ensure that all the employees of the Group affiliated to the FIOM–CGIL may continue to have their union dues deducted from their salaries and paid to the said trade union organization.
   • (c) The Committee requests the Government to indicate whether the three trade union delegates of the FIOM–CGIL from the enterprise of Melfi, which were the subject of the ruling of the Court of Cassation of 2 August 2013, have actually been reinstated.
   • (d) Concerning the other allegations of anti-union behaviour and discrimination contained in this case, the Committee requests to be kept informed of the outstanding judicial decisions. It also requests the Government to take the necessary initiatives, such as facilitating dialogue between the Group and the complainant organization, to help prevent any new conflicts of a similar nature from arising within the Group under consideration. The Committee requests the Government to keep it informed of this matter.
2. 104. The Committee notes that both the complainant organization (communication of 16 July 2014) and the Government (communications of 24 July and 17 August 2014) have sent information relating to the Committee’s various recommendations. The Committee also notes that the Government’s communications of 2014 contain the observations of the automotive group as well as those of Italy’s other two main trade union organizations (the Italian Confederation of Workers’ Trade Unions (CISL) and the Italian Labour Union (UIL)) concerning the matters covered by the complaint. The Committee notes that the observations of the CISL and the UIL: (i) also contain information intended better to describe the recent changes to the national and sectoral system of collective bargaining which provide the background for this case; and (ii) emphasize that the various aspects of the complaint submitted by the CGIL have been fully resolved through the use of internal protection mechanisms without the need to resort to government intervention, which would have constituted interference contrary to the principles of freedom of association and trade union autonomy that the Committee has a duty to protect.
3. 105. Concerning the definition of criteria for assigning the strengthened trade union rights recognized by article 19 of the Workers’ Statute, in particular the rules governing representation of the different trade union organizations within the enterprise, the Committee notes with interest that, in the light of the inter-confederation agreement of 28 June 2011, the protocol of understanding of 13 May 2013 and the Constitutional Court’s decision of 3 July 2013, on 10 January 2014 the CIGL, CISL and UIL, together with the employers’ organization CONFINDUSTRIA, signed a single text on union representation (Testo Unico sulla rappresentanza) which provides that any trade union whose level of representativeness is at least five per cent may participate in collective bargaining and may establish union representation within the enterprise. Concerning the deduction of union dues for workers affiliated to the FIOM–CGIL, the Committee notes with satisfaction the Government’s statement that the automotive group has been making such deductions since September 2012 and that this matter is therefore resolved.
4. 106. Concerning the reinstatement of the three FOIM–CGIL trade union delegates from the Melfi plant, the Committee, while noting the Government’s comments on the contentious nature of the issue, notes with satisfaction that the three workers were reinstated on 24 September 2013, pursuant to the corresponding ruling of the Court of Cassation. Concerning the other allegations of anti-union conduct and discrimination, the Committee notes firstly that both the Government and the complainant organization state that the automotive group has implemented the court decisions concerning re-employment of 19 workers affiliated to the FIOM–CGIL who had not been included in a recovery process after a period of temporary lay-offs. The Committee also notes with satisfaction the agreement signed in June 2014 by the automotive group and the complainant organization to finalize the re-employment of the 19 workers and bring an end to all debate in that regard. The Committee notes finally the information provided by the automotive group concerning the judgment of 7 May 2014 by the Court of Appeal in Turin in relation to the process of forming a European enterprise committee at the Group. In view of the different pieces of information provided which it has noted with satisfaction, the Committee will not continue with the examination of the present case.