Definitive Report - Report No 129, 1972

Case No 554 (Brazil) - Complaint date: 11-MAY-68 - Closed

1. 19. This case has already been examined by the Committee at its sessions in November 1968, February 1969, May 1969 and February 1971. On each of these occasions the Committee submitted an interim report to the Governing Body. These reports are to be found in paragraphs 305 to 330 of the Committee's 108th Report, paragraphs 159 to 177 of its 110th Report, paragraphs 129 to 147 of its 112th Report and paragraphs 106 to 126 of its 122nd Report. These four reports were approved by the Governing Body at its 173rd, 174th, 175th and 182nd Sessions (November 1968, March 1969, May 1969 and March 1971), respectively.
2. 20. When the Committee concluded its last examination of the case, two points still remained outstanding: the placing under government control of a number of petroleum workers' unions in Bahia, and the placing under government control of the Osasco Metalworkers' Union.
3. 21. In this connection the Government sent two communications, dated 1 November 1970 and 1 February 1972.
4. 22. Brazil has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but not the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. A. The complainants' allegations

• Allegations concerning the Placing under Government Control of a Number of Petroleum Workers' Unions in Bahia
  23. 23 It appeared from the evidence available to the Committee, when it last examined this case, that there were three petroleum workers' unions in Bahia: the Union of Workers in the Petroleum Distilling and Refining Industry of Bahia, the Union of Petroleum Workers of Bahia and the Union of Workers in the Petroleum Extraction Industry of the State of Bahia. From the information at the Committee's disposal, it seemed that all three unions had been placed under the control of the public authorities.
  24. 24 As concerns the first of these unions-the Union of Workers in the Petroleum Distilling and Refining Industry of Bahia-the Committee, when it last examined this case in February 1971, took note of a statement by the Government to the effect that elections had been held in the union in question between 4 and 6 May 1970 and that the newly elected administration had taken office on 6 June 1970.
  25. 25 As far as the Union of Workers in the Petroleum Extraction Industry of the State of Bahia is concerned, in February 1971 the Committee took note of the following information supplied by the Government: the Minister of Labour had indicated that the authorities had replaced the management committee of the union by a provisional committee and that elections were scheduled to take place between 3 and 5 November 1969. As for the Union of Petroleum Workers of Bahia, the Committee noted that the Government had not made any reference to this organisation.
  26. 26 In February 1971, the Committee accordingly recommended the Governing Body to ask the Government to clarify the situation in respect of the Union of Petroleum Workers of Bahia and the Union of Workers in the Petroleum Extraction Industry of the State of Bahia.
  27. 27 In its reply, dated 1 November 1971, the Government states that there are two trade unions in the petroleum industry of the state of Bahia: the Union of Workers in the Petroleum Distilling and Refining Industry of Bahia, to which reference is made in paragraph 24 above, and the Union of Workers in the Petroleum Extraction Industry of the State of Bahia. Apparently, the latter union and the Union of Petroleum Workers of Bahia are one and the same.
  28. 28 With regard to the Union of Workers in the Petroleum Extraction Industry of the State of Bahia, the Government indicates that its new management committee was elected in December 1969 and that both this organisation and the Union of Workers in the Petroleum Distilling and Refining Industry of Bahia are functioning normally.
  29. 29 In these circumstances, the Committee recommends the Governing Body to note that elections have been held in the Union of Workers in the Petroleum Extraction Industry of the State of Bahia and to decide that this aspect of the case does not therefore call for further examination.
• Allegations concerning the Placing under Government Control of the Osasco Metalworkers' Union
  30. 30 At its February 1971 Session the Committee, having already noted that the Osasco Metalworkers' Union had been placed under government control, requested the Government to indicate, as a matter of urgency, whether the present administration of this union consisted of persons appointed by the Minister or of persons freely elected by the workers themselves.
  31. 31 In its communication dated 1 February 1972, the Government states that elections took place in regular form in the Osasco Metalworkers' Union and a new executive, led by Mr. Roberto Unger, took office on 9 March 1969. This union, states the Government, is functioning normally.
  32. 32 In these circumstances, the Committee recommends the Governing Body to note that elections were held in the Osasco Metalworkers' Union, and consequently to decide that this aspect of the case does not call for further examination.

The Committee's recommendations

1. 33. In all these circumstances, with regard to the case as a whole, the Committee recommends the Governing Body to note that elections have been held in the Union of Workers in the Petroleum Extraction Industry of the State of Bahia and in the Osasco Metalworkers' Union, and to decide, in consequence, that the case as a whole does not call for further examination.