Challenges to trade union elections (Right to elect representatives in full freedom)

403. Measures taken by the administrative authorities when election results are challenged run the risk of being arbitrary. Hence, and in order to ensure an impartial and objective procedure, matters of this kind should be examined by the judicial authorities.

(See the Digest of 1985, para. 456.)

404. In order to avoid the danger of serious limitation on the right of workers to elect their representatives in full freedom, complaints brought before labour courts by an administrative authority challenging the results of trade union elections should not - pending the final outcome of the judicial proceedings - have the effect of suspending the validity of such elections.

(See the Digest of 1985, para. 465.)

405. 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).)

406. In order to avoid the danger of serious limitations on the right of workers to elect their representatives in full freedom, cases brought before the courts by the administrative authorities involving a challenge to the results of trade union elections should not - pending the final outcome of the proceedings - have the effect of paralysing the operations of trade unions.

(See 239th Report, Case No. 1305, para. 297(c).)