Interim Report - Report No 207, March 1981

Case No 994 (Colombia) - Complaint date: 20-AUG-80 - Closed

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263. The complaint is contained in a communication from the Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers (WFTU) dated 20 August 1980. The Government replied by a communication of 9 January 1981.
264. Colombia 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).

265. In its communication of 20 August 1980 the complainant alleges that over 150 workers of the undertaking "Productos Noel" S.A., of Medellin, including the trade union leaders Luis Efrén Loaiza and Miguel Zea, respectively chairman and a member of the grievances Committee, were dismissed during 1980 in flagrant violation of the collective agreement.
266. The complainant adds that the undertaking "Frigorifico Suizo", S.A., of Bogotá has resorted to all kinds of measures - offers of loans, threats, dismissals, etc. - to destroy the trade union of the undertaking.
267. Lastly, the complainant states that the major demands of the workers remained unsatisfied in the negotiation of the claims of the workers of the undertaking "Gaseosas del Tolima", S.A. (Tolima), "Gaseosas del Huila", S.A. (Neiva) and "Cervecería Andina".

268. In its communication of 9 January 1981 the Government states that the trade union of the undertaking "Productos Noel", S.A., of Medellin, requested an administrative inquiry into the collective dismissals alleged by the complainant; this was ordered immediately by the labour authorities in order to clarify the case and is not yet completed.
269. As regards the allegation relating to the purported persecution of the trade union in the undertaking "Frigorifico Suizo", S.A., the Government states that the Labour Inspectorate examined four petitions by the trade union of the undertaking relating to this "trade union persecution", and that having made investigations and heard the parties it issued a resolution exonerating the undertaking from the accusations made by the trade union, without the latter seeking any of the means of redress provided for by the law.
270. Lastly, says the Government, the undertakings "Gaseosas del Tolima", S.A., "Gaseosas del Huila", S.A., and "Cervecería: Andina" concluded collective agreements on 17 September, 18 September and 8 October 1980, respectively.

271. The Committee notes that an administrative inquiry into the dismissals in the undertaking "Productos Noel", S.A., during 1980 is under way. The Committee requests the Government to send it the result of the inquiry, specifying the grounds for the dismissals, particularly those of the trade union leaders Luis Efrén Loaiza and Miguel Zea.
272. As regards the attempts by the employer to destroy the union of the undertaking "Frigorífico Suizo", S.A., the Committee notes that this union presented four petitions which were examined by the Labour Inspectorate, and that a resolution on the latter exonerated the undertaking from the accusations made without any appeal having been lodged against it.
273. As regards the absence of a response by the undertakings "Gaseosas del Tolima", S.A., "Gaseosas del Huila", S.A., and "Cervecería Andina" to the demands of the workers, the Committee notes that collective agreements were concluded in these undertakings shortly after the presentation of the complaint. The Committee accordingly considers that this aspect of the case does not call for further examination.

274. In these circumstances the Committee recommends the Governing Body to approve the present interim report and request the Government to send it the results of the current administrative inquiry into the dismissals which took place in the undertaking "Productos Noel", S.A., during 1980, with special reference to the dismissals of the trade union leaders Luis Efrén Loaiza and Miguel Zea.