Report in which the committee requests to be kept informed of development - Report No 214, March 1982

Case No 1073 (Colombia) - Complaint date: 07-AUG-81 - Closed

1. 366. The Trade Unions International of Food, Tobacco, Hotel and Allied Industries Workers presented its complaint in a communication dated 7 August 1981, to which was attached an information bulletin intended inter alia for the ministry of labour and Social Security. The Government replied in a communication dated 16 December 1981.
2. 367. Colombia has ratified both 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. Allegations of the complainant

1. 368. The complainant alleges that the industrial de Gaseosas S.A. (Coca-Cola) enterprise is bringing pressure to hear to destroy the trade unions in its establishments, so as to prevent collective bargaining and exploit its workers as much as possible. The complainant adds hat in June 1981 the workers of the Bogotá Coca-Cola plant set up a trade union and that the enterprise reacted by dismissing 17 union members, of which 10 were union leaders.
2. 369. The complainant also alleges that, a few months earlier, Industrial de Gaseosas S.A. dismissed over 200 workers who were in the process of joining the Mineral Water Industry Workers Trade Union.

B. The Government's reply

1. 370. With regard to the dismissal of workers of the Industrial de Gaseosas S.A. (Coca Cola) enterprise, the Government states that no written complaint was lodged with the Ministry of Labour and Social Security either by the workers or by the trade unions. The Government however adds that on 1 September 1981 a Committee of the National Mineral Water Industry Workers Trade Union went to the Office of the Director-General of Labour where it raised several matters of concern, including the dismissal of workers of Industrial de Gaseosas S.A. in various cities in the country.
2. 371. The Government also states that the Office of the Director-General of Labour summoned the Vice-President for Industrial Relations of Industrial de Gaseosas S.A. in order to seek a solution to the problem raised by the trade union and that since that date seven or eight meetings have been held - including two at the national level -, officials have been sent to various parts of the country and zoning has been introduced to deal with the problem.
3. 372. The Government states that, as a result of the steps taken, settlements have already been reached in various cities and that the Ministry is looking into the remaining points of disagreement, on the basis of an agreement reached with the trade union and the enterprise, so as to take appropriate action.

C. The Committee's conclusions

1. 373. The Committee observes that the complainant alleges the dismissal of 10 union leaders and 7 trade unionists for setting up a trade union in the Bogotá plant of the Industrial de Gaseosas S.A. enterprise and the dismissal of over 200 workers who were in the process of joining the Mineral Water Industry Workers Trade Union.
2. 374. The Committee notes the Government's statement that following the visit of a Committee of the National Mineral Water Industry Workers Trade Union to the Office of the Director-General of Labour, the latter took steps to find a solution to the problem and has already reached a settlement in several cities. The Committee also notes that, on the basis of an agreement with the trade union and the enterprise, the Ministry of Labour and Social Security is looking into the remaining points of disagreement so as to take appropriate action.
3. 375. The Committee observes that the Government has not denied the anti-union nature of the alleged dismissals and that it is apparent from its statements that the question of the return of the dismissed union leaders, union members and workers to their jobs has already been at least partly resolved.
4. 376. In these circumstances, the Committee recalls that under Article 1 of Convention No. 98, workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment and therefore requests the Government to continue taking action so that the union leaders, union members and workers who may have been dismissed for trade union reasons can return to their jobs and to keep the Committee informed of developments in this respect. The Committee also requests the Government to communicate the decision of the Ministry of Labour and Social Security regarding the outstanding points of disagreement relating to the latter's agreement with the national trade union and the enterprise.

The Committee's recommendations

1. 377. In these circumstances, the Committee recommends the Governing Body to approve the present report and, in particular, the following conclusions regarding the dismissal for trade union reasons of 10 union leaders, 7 trade unionists and over 200 workers of the industrial de Gaseosas S.A. enterprise.
   • The Committee recalls that Article 1 of Convention No. 98 stipulates that workers shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment. Although the Committee observes that it is apparent from the Government's statements that, thanks to the steps taken by the labour authorities, the question of the return of the persons concerned to their jobs has already been at least partly resolved, it requests the Government to continue taking action so that the union leaders, union members and workers who may have been dismissed for trade union reasons can return to their jobs and to keep the Committee informed of developments in his respect. The Committee further requests the Government to communicate the decision of the Minister of Labour and Social Security regarding the outstanding points of disagreement relating to the latter's agreement with the national trade union and the enterprise.