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350. Freedom of association implies the right of workers and employers to elect their representatives in full freedom.
(See the Digest of 1985, para. 293.)
351. It is the prerogative of workers' and employers' organizations to determine the conditions for electing their leaders and the authorities should refrain from any undue interference in the exercise of the right of workers' and employers' organizations freely to elect their representatives, which is guaranteed by Convention No. 87.
(See 286th Report, Case No. 1655, paras. 277 and 278(c).)
352. Workers and their organizations should have the right to elect their representatives in full freedom and the latter should have the right to put forward claims on their behalf.
(See the Digest of 1985, para. 294.)
353. The right of workers' organizations to elect their own representatives freely is an indispensable condition for them to be able to act in full freedom and to promote effectively the interests of their members. For this right to be fully acknowledged, it is essential that the public authorities refrain from any intervention which might impair the exercise of this right, whether it be in determining conditions of eligibility of leaders or in the conduct of the elections themselves.
(See the Digest of 1985, para. 295.)
354. The regulation of procedures and methods for the election of trade union officials is primarily to be governed by the trade unions' rules themselves. The fundamental idea of Article 3 of Convention No. 87 is that workers and employers may decide for themselves the rules which should govern the administration of their organizations and the elections which are held therein.
(See 259th Report, Case No. 1403, para. 74; and 297th Report, Case No. 1797, para. 135.)
355. An excessively meticulous and detailed regulation of the trade union electoral process is an infringement of the right of such organizations to elect their representatives in full freedom, as established in Article 3 of Convention No. 87.
(See 291st Report, Case No. 1705, para. 324.)
356. Legislation which minutely regulates the internal election procedures of a trade union and the composition of its executive committees, fixes the days on which meetings will take place, the precise date for the annual general assembly and the date on which the mandates of trade union officers shall expire, is incompatible with the rights afforded to trade unions by Convention No. 87.
(See the Digest of 1985, para. 289.)
357. A provision which gives a broad discretionary power to the minister to regulate minutely the internal election procedures of trade unions, the composition and the date of elections of their various committees, and even the way in which they should function, is incompatible with the principles of freedom of association.
(See 284th Report, Case No. 1508, para. 441.)
358. If a government regulates trade union elections too closely, this may be considered as a limitation of the right of trade unions to elect their own representatives freely. However, in general, laws governing the frequency of elections and fixing a maximum period for the terms of office of executive bodies do not affect the principles of freedom of association.
(See the Digest of 1985, para. 297.)
359. It should be left to the unions themselves to set the period of terms of office.
(See 284th Report, Case No. 1508, para. 434.)
360. The imposition by legislative means of a direct, secret and universal vote for the election of trade union leaders does not raise any problems regarding the principles of freedom of association.
(See 291st Report, Case No. 1705, para. 323.)
361. No violation of the principles of freedom of association is involved where the legislation contains certain rules intended to promote democratic principles within trade union organizations or to ensure that the electoral procedure is conducted in a normal manner and with due respect for the rights of members in order to avoid any dispute as to the election results.
(See 256th Report, Case No. 1414, para. 126.)
362. Provisions requiring registered organizations to elect their officers by postal vote do not appear to infringe the freedom to elect trade union leaders.
(See the Digest of 1985, para. 299.)
363. It should be left to the workers' organizations themselves to make provision, in their constitutions or rules, as to the majority of votes required for the election of trade union leaders.
(See the Digest of 1985, para. 300.)
364. The number of leaders of an organization should be a matter for decision by the trade union organizations themselves.
(See the Digest of 1985, para. 298.)
365. The registration of the executive boards of trade union organizations should take place automatically when reported by the trade union, and should be contested only at the request of the members of the trade union in question.
(See 251st Report, Cases Nos. 1275 and 1368, para. 92.)
366. In cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial and objective procedure which should also be expeditious.
(See 239th Report, Case No. 1305, para. 297(a).)
367. Since the creation of works councils and councils of employers can constitute a preliminary step towards the setting up of independent and freely established workers' and employers' organizations, all official positions in such councils should, without exception, be occupied by persons who are freely elected by the workers or employers concerned.
(See the Digest of 1985, para. 301.)