Rapport intérimaire - Rapport No. 233, Mars 1984

1. 628. The complaint is contained in a communication from the National Agriculture and Allied Workers' Union of Liberia (NAAWUL) dated 9 May 1983. The Government replied in a communication dated 26 September 1983.
2. 629. Liberia 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. 630. The complainant union, in a communication signed by Mr. David White, its Secretary-General, alleges that the Government used an internal conflict in the union as an excuse to suspend the union on 15 November 1982. According to the complainant, negotiations between the NAAWUL and the Firestone Plantations Company were concluded on 6 May 1982. The company refused to implement the ruling of the Board of Arbitration of the Ministry of Labour, which was in favour of the union. Moreover, the Government itself failed to enforce the ruling which was in favour of the workers. In fact, states the complainant, the Ministry of Labour later denied ever handing down such a ruling.
2. 631. The complainant alleges that the Government and the Firestone Plantations Company influenced the trade unionists to raise the false accusation that the signatory of the complaint, Mr. David White, had diverted money received from the world Confederation of Labour to his own personal use. According to the complainant the case was handed over to the Ministry of Justice by the Ministry of Labour for investigation and prosecution. As a result, the Secretary-General, Mr. White, was arrested and detained on several occasions for a total of 17 days. The persons who had made the false accusations against him later withdrew the charges and appealed to the Peoples Redemption Council (PRC) through the Ministry of Labour to have the suspension order on the activities of the union cancelled.
3. 632. According to the complainant, the order prohibits union officials from entering the premises of the Firestone Plantations Company. The complainant also objects to the auditing of the union accounts since, it points out, the NAAWUL is not financed by the Government. The complainant also alleges that the Government deprives the union of the right to enjoy the benefits of the collective bargaining agreement between the union and the Firestone Plantations Company.
4. 633. The complainant further alleges that the Firestone Plantations Company has made 1,200 of its employees redundant without giving them the benefits to which they are entitled under the agreement.

B. The Government's reply

1. 634. In its reply dated 26 September 1983, the Government denies the allegations made by the complainant and claims that there has been a misrepresentation of the facts.
2. 635. The Government denies that a collective agreement was ever concluded or signed between the NAAWUL and the Firestone Plantations Company. According to it the Director of Trade Union Affairs, Ministry of Labour, merely acted as a conciliator and had given an advisory opinion on 6 May 1982 on the various points that had given rise to the deadlock in the negotiations. The Government emphasises that there was no agreement between the NAAWUL and the Firestone Plantations Company whereby an Arbitration Board would be established to render a binding decision on the points at issue and whereby that decision would be incorporated in a collective agreement. The Government adds that, on 7 May 1982, the Firestone Plantations Company informed the Ministry of Labour that it was not satisfied with the advisory opinion that had been given and appealed to the Minister of Labour, but the appeal was dismissed because it was not in keeping with the conciliation procedure of the Ministry. Therefore, the NAAWUL and the Firestone Plantations Company had either to engage in further negotiations or to resort to arbitration proceedings.
3. 636. The Government goes on to point out that arbitration proceedings are not compulsory in Liberia. According to the Government, the NAAWUL refused to pursue negotiations with the Firestone Plantations Company because of their misconception that the conciliator's opinion was binding and the Secretary-General of the union conveyed this misconception to the workers, which led to a. series of strikes at the company. The Government adds that it does not enforce advisory opinions given by its conciliators.
4. 637. As regards the suspension of the activities of the NAAWUL by the military authority of Liberia, the Head of State and the Peoples' Redemption Council, the Government states that it does not consider this suspension to be in violation of Article 4 of Convention No. 87. In the Government's view the said Article prohibits the suspension of workers' organisations by an administrative authority but not by judicial or military authority. Furthermore, the Government claims that the suspension of NAAWUL was a practical and temporary measure to facilitate the auditing of the union's accounts which had beer, requested by the trade union in order to determine the criminal charges of embezzlement brought against the Secretary-General by the NAAWUL, and to determine whether there had been a violation of section 4111 of the Labour Practices Law. The Government states that the suspension was not a punitive measure against the union.
5. 638. According to the Government, the Assistant Director for Grievances of NAAWUL wrote on behalf of NAAWUL to the Ministry of Labour and the Anti-Corruption Bureau accusing the Secretary-General of having received $30,000 from the World Confederation of Labour, and of transferring this amount to his personal account at the Chase Manhattan Bank without the knowledge of the NAAWUL.
6. 639. The Government denies that it influenced the NAAWUL to make such an accusation against the Secretary-General. It further states that subsequently, a criminal charge was brought against the Secretary-General by the NAAWUL. The Ministry of Justice commenced an investigation into this charge and the arrest and detention of the Secretary-General which followed this criminal charge were found to be in conformity with the law. The Government denies that he was detained for 17 days.
7. 640. The Government adds that the Secretary-General was suspended from his position on 20 July 1982 by the Executive Board of NAAWUL, for acts which were not in conformity with the NAAWUL constitution, such as embezzlement of union funds, unilateral decision-making and misleading the union.
8. 641. According to the Government, the NAAWUL itself requested the Ministry of Labour to carry out an audit of the union's accounts. This request was transferred to the Ministry of Justice.
9. 642. The Government states that the Head of State, and the Peoples' Redemption Council, ordered that an audit be made of the union accounts by the General Auditing Office on the recommendation of the Minister of Justice. The Government ordered the NAAWUL's activities to be suspended until the audit report was completed and a decision made with respect to the violation of section 4111 of the Labour Practices Law, which provides that:
   • "No labour organisation of or in Liberia shall receive financial contributions from foreign governments, international agencies or other foreign sources except with the approval of the Government of Liberia. Any labour organisation which violates this provision shall be dissolved, and shall forfeit to the Government the sum of money received."
10. 643. According to the Government, the audit has not been completed on account of the Secretary-General's reluctance to co-operate with the General Auditing Office.
11. 644. The Government further elaborates that the NAAWUL made a request to the Ministry of Labour to cancel the suspension order on the basis that the two rival factions in the NAAWUL had resolved to work together, to withdraw all charges and had signed a memorandum of understanding to this effect. However, according to the Government, the NAAWUL has been advised by the Ministry of Labour to make this request directly to the military authority which was responsible for the suspension. No direct request has so far been made by the NAAWUL to the military authority to end the suspension order. The Government also states that the Secretary-General's disregard of the military authority's orders about the audit and the suspension was not supported by the NAAWUL.
12. 645. According to the Government, the NAAWUL denies that it has ever reached a compromise with the Secretary-General regarding the criminal charge of embezzlement that was brought against him.
13. 646. The Government goes on to point out that the Committee on Freedom of Association should not condone the Secretary-General's reluctance to comply with the audit ordered by the military authority, as such an act would be tantamount to encouraging a breach of Article 8 of Convention No. 87 which provides that workers' organisations, in exercising their freedom of association must "respect the law of the land", in this case, the law of the land being section 4111 of the Labour Practices Law.
14. 647. The Government claims that it was necessary to suspend temporarily the union's activities to facilitate the audit, since only an audit could provide the necessary proof of the Secretary-General's or the union's guilt. It also states that section 4111 provides that the penalty where a union is found guilty of a breach of this section is the dissolution of the union (which would be by a judicial authority) and forfeiture of the amounts illegally received.
15. 648. The Government adds that if the Secretary-General were to be found guilty of embezzlement and receipt of money from foreign sources without the Government's approval, the union itself would not be penalised, but that appropriate action under the Criminal Code would be taken against him.
16. 649. In support of its reply the Government transmits copies of a number of communications between the complainant union and the Government.

C. The Committee's conclusions

1. 650. The Committee notes that the complaint of the NAAWUL - which is signed by Mr. David White as Secretary-General of the union - essentially concerns the alleged failure on the part of the Government to ensure the implementation of what the complainant refers to as an arbitration agreement reached in April 1982 between the union and the Firestone Plantations Company, the accusations of embezzlement brought against Mr. White and the suspension of the activities of the NAAWUL by the Government.
2. 651. The Committee would first point out that, from all the information at its disposal, the precise situation of Mr. White in the union and his authority to act on its behalf as Secretary-General are unclear. What is clear, however, is that Mr. White is at the centre of a number of unresolved controversial issues which concern not only his own relationship with the union and his official role therein but also the question of suspension of the activities of the union by the Government.
3. 652. From all the documents and correspondence supplied by the Government the following facts emerge: first, the deadlock in the negotiations between the union and the Firestone Plantations Company was examined by the Director of Trade Union Affairs, who acted as conciliator, and who, on 19 April 1982, issued a ruling on the various points on which there had been disagreement. The Government, for its part, contends that this ruling did not in any way constitute a binding arbitration agreement, but that it was only an advisory opinion. An appeal against the findings of the conciliator was refused by the Minister of Labour as not being in keeping with the normal conciliation procedures. The union, however, considered the opinion of the conciliator, which provided for increased benefits for the workers, to be binding on the parties. According to the Government, it was for the parties to have recourse, in the circumstances, to voluntary arbitration, but the NAAWUL refused to do so or to pursue further negotiations with the company. The Government points out that, subsequently, a number of strikes took place in the company. According to the complainant the company has not granted the awards recommended but, on the other hand, it has laid off some 1,200 workers. No further information is provided concerning the strikes which are said by the Government to have taken place, nor on the outcome of the dispute between the union and the company.
4. 653. Although it appears that the complainant did not avail itself of the arbitration machinery available in such circumstances, the Committee would nevertheless recall that the right to strike which is fundamental for the furtherance and defence of the interests of the workers, is prohibited in Liberia by Decree No. 12 of 30 June 1980. The Committee has also noted that the Committee of Experts, in its comments addressed to the Government in 1983 and the Conference Committee on the Application of Conventions and Recommendations, also in 1983, drew attention to the fact that the legislation in Liberia contained restrictions on the application of Convention No. 87 and, in particular, the Committee of Experts pointed out that a general prohibition of the right to strike seriously limits the ability of trade unions to further and defend the interests of their members. In calling the Government's attention to this principle the Committee requests the Government to transmit information on the present situation regarding the possibilities open to the complainant union to pursue its negotiations with the Firestone Plantations Company, particularly since the activities of the union are suspended.
5. 654. Regarding the suspension of the activities of the complainant union, the Committee observes that this action was taken following a complaint by the union itself to the Government in which the Secretary-General, Mr. White, was accused of embezzling $30,000 which had been received from an international trade union organisation. The Government explains that criminal charges were brought against Mr. White and that he was arrested and detained, although not for 17 days as alleged by Mr. White. On 20 July 1982 Mr. White was suspended by his own union for embezzlement, and for acts not in conformity with the union's constitution. From the documentary evidence available it also appears that the NAAWUL requested the Minister of Labour to carry out an audit of the union's accounts and it was following a recommendation by the Minister of Justice that such an audit be carried out that the Head of State directed that the union's activities should be suspended until the audit report was received and a decision made with regard to the violation of section 4111 of the Labour Practices Act.
6. 655. A number of requests have so far been made by the union to have the suspension measure lifted but, according to the Government, these requests have not been directed to the military authority which alone has competence in the matter. In any event it would appear that Mr. White, through lack of co-operation, has so far prevented the audit from being completed. It also appears to the Committee that, although a memorandum of agreement between the two rival factions in the union (one of which is led by Mr. White), in which both sides agreed to drop all charges made against each other, was signed on 10 March 1983, the object of this agreement. being to facilitate the removal of the suspension order, Mr. White continues to be the subject of criticism by the union because of his reluctance to co-operate with the General Auditing Office.
7. 656. The Committee has taken the view that investigatory measures into the finances of a trade union should be restricted to exceptional cases, when they are justified by special circumstances such as presumed irregularities that are apparent from annual financial statements or complaints reported by members of the trade union. In the present case the complaint of embezzlement against the Secretary-General was made by the union itself. The government action, therefore, in requesting the General Auditing Office to carry out an audit cannot be criticised as being in contradiction with the principles of freedom of association. In the view of the Committee this audit should be carried out as rapidly as possible so that responsibilities can be determined. In this connection, the Committee would point out in relation to section 4111 of the Labour Practices Act (prohibition of unions from receiving financial assistance from international organisations without government approval) that free and voluntary affiliation of trade unions with international organisations is guaranteed under Article 5 of Convention No. 87, which in turn implies the right for national trade unions to benefit from the services and advantages that flow from their affiliation to international trade union organisations. The Committee trusts that this principle will be fully taken into account in the present case. It requests the Government to keep it informed of the outcome of the audit and of any action that may be taken as a result thereof.
8. 657. As for the measure of suspension of the activities of the NAAWUL that was taken by the military authority the Committee would point out that it has taken the view that the dissolution or suspension of workers' or employers' organisations by administrative authority, even where such a measure is effected by law or by decree, does not provide all the guarantees which normal judicial procedure alone can ensure. The Committee trusts that the necessary measures will be taken without delay to lift the suspension order affecting the union in question. The Committee requests the Government to keep it informed of the action taken in this respect.