Definitive Report - Report No 177, June 1978

Case No 888 (Ecuador) - Complaint date: 25-AUG-77 - Closed

1. 129. In communications dated, respectively, 25 August, 7 September and 3 October 1977, the World Confederation of Labour, the Latin American Central of Workers and the International Federation of Employees in Public service presented a complaint concerning alleged infringement of the exercise of trade union rights in Ecuador. The Government forwarded its observations in a communication dated 6 January 1978.
2. 130. Ecuador 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. A. The complainants' allegations

1. 131. The complainants alleged that in pursuance of a resolution of the Ministry of Public Works, dated 28 July 1977, the general management of the Ecuadorian Telecommunications Institute had dismissed 26 leaders of the National Federation of Telecommunications Workers of Ecuador (FENETEL), including Jacinto Padilla, President of the Pichincha Association and Gustavo Moncayo Castro, General Secretary of the Guayas Association. According to the CLAT, these steps had been taken as the result of the general strike on 18 May 1977. However, according to the CLAT, the FENETEL neither called nor participated in a strike.
2. 132. The considerable volume of documentation forwarded by the CLAT relating to this case also revealed that in the month of March 1977 the FENETEL had submitted a statement of demands to the management of the Ecuadorian Telecommunications Institute. Some of the demands included in the statement had been submitted to the management more than two years previously. No response was made by the general management which furthermore called a halt to the dialogue with the workers' representatives. The National Council of the FENETEL then decided to ask the Government openly to terminate the general manager's term of office. Shortly thereafter, the national leaders of the FENETEL were transferred to different parts of the country with a view, according to them, to depriving the federation of its leadership. The leaders affected by this action complied with the management's orders. Nevertheless, some days later they received notification-of their dismissal.
3. 133. In its reply the Government stated that the FENETEL decided on its own initiative to support the national strike of 18 May 1977 organised by the three trade union Confederations, the CTE, the CEDOC and the CEOSL. According to the Government, this decision was contrary to the principles governing relations between the State and its employees and was designed not only to instigate strike action but also to create a state of chaos. The Government stated that the legislation respecting the public service prohibited strike action by public servants in order that national life might not be brought to a standstill. This legislation applied to the employees of the Ecuadorian Telecommunications Institute since they were state employees.

B. B. The Committee's conclusions

1. 134. In examining the documents made available to it and, in particular, the press cuttings and releases relating to this case, which were communicated by the parties, the Committee notes that the resolution of the Ministry of Public Works, in pursuance of which the dismissals were carried out, refers to the preparations made by the FENETEL a short time previously for an illegal strike aimed at obtaining satisfaction of their occupational demands. This resolution also mentions the participation of the FENETEL in the general strike of 18 May 1977. It would appear, therefore, that the grounds for the dismissals were, in particular, the preparations made for a strike affecting only the Ecuadorian Telecommunications Institute, on the one hand, and participation in the 24-hour general strike called by the national Confederations, on the other. The participation of the FENETEL in the general strike seems to be established. Indeed, it can be seen from a perusal of various newspaper articles' that the National Council of the FENETEL had decided to support the strike in question. On the other hand, the FENETEL denies having organised a specific work stoppage such as is mentioned in the dismissal resolution. It states that, aware of its responsibilities as part of a public service which is essential for the development of the nation, it did not call a national strike.
2. 135. As concerns the participation of the FENETEL in the general strike of 18 May 1977, the Committee would recall that it has already examined a case relating to this strike at its session in November 1977. On that occasion it considered that workers and their organisations should be allowed to express any dissatisfaction they may feel as concerns economic and social matters affecting their interests, so long as such action consists merely in the expression of a protest and is not intended as a breach of the peace. In the case in question, there was a 24-hour strike. The Committee observes, in addition, that the dismissals were carried out more than two months after the FENETEL had participated in that strike.
3. 136. As regards the preparation made by the FENETEL for a strike of workers at the Ecuadorian Telecommunications Institute, the Committee believes it can deduce from the available information that the strike was not in fact called. It also notes that the FENETEL had submitted statements of demands to the management of the Institute a considerable length of time before that, without ever receiving a precise reply relating to these demands.
4. 137. In view of the considerations expressed above, the Committee feels that it would be desirable if the Government would reconsider the situation as regards the dismissed trade union leaders with a view to their reinstatement. Action of this nature would also be conducive to the development of good industrial relations within the undertaking concerned.

The Committee's recommendations

1. 138. In these circumstances the Committee recommends the Governing Body to suggest to the Government that it reconsider the situation as regards the dismissed leaders of the FENETEL with a view to their reinstatement.