Definitive Report - Report No 217, June 1982

Case No 1094 (Chile) - Complaint date: 18-NOV-81 - Closed

1. 254. Complaints of infringement of trade union rights were presented against the Government of Chile by the National Revenue Employees' Association (ANEF) and the Postal, Telegraph and Telephone International (PTTI) in communications dated 18 and 25 November 1981, respectively. Additional information in support of its complaint was supplied by the ANEF on 29 December 1981.
2. 255. The Government, for its part, submitted its observations in communications dated 10 February and 21 April 1982.
3. 256. Chile has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to organise and Collective Bargaining Convention, 1949 (No. 981.

A. Allegations of the complainants

1. 257. In its communication of 18 November 1981, the ANEF refers to the dismissal of 690 persons by the Postal and Telegraph Service, including in particular the Association's Vice-President, Hernol Flores, who was also President of the Postal and Telegraph Association and a representative of the Postal, Telegraph and Telephone International as well as of the International Confederation of Free Trade Unions in Chile.
2. 258. The ANEF states that Hernol Flores had been an employee of the Postal and Telegraph Service for 30 years. It also states that section 100 of the Administrative Statute for Public Employees (Legislative Decree No. 338 of 1960) establishes guarantees of irremovability from office for leaders of ANEF associations of public employees during their term of office and for a period of six months thereafter. In order to ensure the necessary independence for the proper performance of their duties as trade union representatives, it also provides that they shall not be transferred or subject to merit rating. Despite these guarantees, the ANEF adds, the Chilean authorities dismissed Hernol Flores by an order published in the Official Gazette on 14 November 1981.
3. 259. In its complaint the PTTI, for its part, states that the dismissals were made without notice and that the chief leaders of the Postal and Telegraph Association of Chile were among the workers dismissed. Besides Hernol Flores, Pedro Ormeho, Secretary-General, and Lino Avila, Administrative Secretary of the Association, also lost their jobs.
4. 260. According to the PTTI, the pretext invoked for the dismissals was the transfer of part of mail conveyance to the private sector, rendering 690 workers redundant. The PTTI considers that this is a most specious pretext since two days after the dismissals, the Director General of the Postal and Telegraph Service announced publicly that, along with the dismissal of the 690 employees, 400 persons had been recruited and a large number of auxiliary postmen were to be taken on.
5. 261. According to the PTTI, the case of the President of the Postal and Telegraph Association, Hernol Flores, is a particularly instructive example. Since he had been released from his duties to perform trade union functions, it could not be argued that he was dismissed on the ground of redundancy. However, since he no longer belongs to the Postal and Telegraph Administration, he can no longer claim to be a member of the Association and, even less, to be its President. Consequently, it is clear to the PTTI that the measures adopted aim essentially at weakening the union affiliated to it by depriving the union's principal leaders of the possibility of continuing to exercise their trade union functions.
6. 262. In its communication of 29 December 1981, the ANEF refers to the dismissal of other ANEF leaders, namely Juan Seoal Ciscutti, President of the ANEF Provincial Board at Puenta Arenas and an employee of the Directorate of National Property, Patricia Alarcón Pinto, the Secretary of the same Board and an employee of the Directorate of Industry and Commerce, and Raúl Muñoz Garrido, National Treasurer of the ANEF and inspector at the Ministry of National Property. These persons were excluded from the establishment after their services had been reorganised.
7. 263. The ANEF also mentions the case of Aldo Signorelli, a national leader of the ANEF and President of the Employees' Association of the Directorate of Industry and Commerce. This trade union leader was deprived of his job as inspector by Decree No. 303 of 1981. He appealed to the council of State (Contraloria General), which ruled that the Decree in question was contrary to section 100 of the Administrative Statute. Despite the Council's ruling, the Government nevertheless dismissed Aldo Signorelli.

B. The Government's reply

1. 264. In its reply of 10 February 1982, the Government states that the dismissal of 690 employees and the recruitment of 400 persons at the mail sorting centre are due to a policy of rationalisation and economy within the Postal and Telegraph Service. The maximum staff strength for this Service under the Government's budget for 1981 was fixed at 6,200 employees. On 31 December, the total staff strength was 6,737 persons, so that the services had to be reduced by 537 employees during 1981. An examination of the staff situation for the postal service showed that there was surplus staff in the provinces and insufficient staff in Santiago, which had only 32.8 per cent of the staff to handle 67 per cent of the total traffic. A study of the telegraph service in turn showed that the traffic at 290 of the 500 post offices in the country consisted of less than 2 telegrams daily, which was insufficient for assigning them a telegraph operator. Consequently, these post offices with a telegraph service were converted into post offices with a telephone service not requiring a telegraph operator. The Government also states that contracts for mail conveyance have been concluded with private transport undertakings in the city of Santiago.
2. 265. As regards the recruitment of 400 new workers, the Government explains that these persons have replaced unskilled ancillary staff as well as retired employees. The new staff were recruited to strengthen the mail sorting centre.
3. 266. The Government states that the staff members whose jobs have been abolished may retire if they have completed 20 years of contributions with a social insurance scheme. The ethers are entitled to payment of their last monthly wage for six months, without any deduction.
4. 267. The Government concludes that the allegation that the dismissals were made for trade union reasons is unfounded. For example, the 24 automobile mechanics, including Hernol Flores, were all dismissed because the functions they performed are no longer provided by the Service.
5. 268. As regards the dismissals made at the ministry of National Property, the Government states that Juan Seoul Ciscutti and Raúl Muñoz Garrido were employed on jobs no longer included in the establishment following the reorganisation of the services. Since they have completed 32 and 41 years of service, respectively, they may claim their retirement rights. Likewise, the Directorate of Industry and Commerce has been reorganised and its staff strength reduced from 724 to 130 employees. Patricia Alarcón Pinto was not retained among the employees according to a strict order of staff selection based on the respective merits of each. The Government points out that she was never a trade union leader, as proved by the fact that her work was evaluated each year, whereas trade union leaders are exempt from such evaluations.
6. 269. As regards the dismissal of Aldo Signorelli from the Directorate of Industry and Commerce, the Government states that Mr. Signorelli himself made a written request not to be included in the service's new organisation chart. As proof, the Government supplies a copy of the letter signed by the person concerned.

C. The Committee's conclusions

1. 270. In the present case the Committee is asked to consider the dismissal of workers in various sectors of the public service, including the dismissal of trade union leaders of an association of public employees. The explanations which the complainants, on the one hand, and the Government, on the other, give about the reasons for these dismissals are totally different. According to the complainants, these measures were aimed primarily at preventing the trade union leaders concerned from continuing to exercise their functions as workers' representatives, whereas according to the Government the dismissals were due to the need to rationalise the administration.
2. 271. It obviously does not fall within the Committee's competence to decide on the desirability of making dismissals for economic or administrative reasons. The Committee must, however, point out that acts of anti-union discrimination should not take place under the pretext of such circumstances.
3. 272. In the present case, the Committee observes that the directorates of the administrations concerned, far from trying to retain the trade union leaders in employment, on the contrary dismissed a large number, while at the same time recruiting new employees. The Committee therefore considers it necessary to draw the Government's attention to the importance which it attaches to effective protection, both in law and in fact, against any acts of anti-union discrimination which may be committed against trade union leaders. In view of the foregoing considerations, the Committee also considers it necessary to request the Government to re-examine the situation of the dismissed trade unionists with a view to their reinstatement in their administration.

The Committee's recommendations

1. 273. In these circumstances, the Committee recommends the Governing Body to approve this report, in particular the following conclusions:
   • (a) The Committee draws the Government's attention to the fact that acts of anti-union discrimination should not take place under the pretext of dismissals for economic reasons and recalls the importance which it attaches to effective protection, both in law and in fact against any acts of antiunion discrimination which may be committed against trade union leaders.
   • (b) The Committee requests the Government to re-examine the situation of the dismissed trade unionists with a view to their reinstatement in their administration.