Definitive Report - Report No 218, November 1982

Case No 1102 (Panama) - Complaint date: 29-DEC-81 - Closed

1. 151. The complaint figures in communications from the Authentic Federation of Workers of Panama and the Authentic Confederation of Self-Employed Workers dated 29 December 1981 and 28 May 1982. The Government replied in communications of 11 February and 26 August 1982.
2. 152. Panama 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. The complainants' allegations

1. 153. The complainants allege that on 22 April 1981 the Air Panama undertaking brought before the judicial authority an application for prior authorisation to dismiss Mr. Isidoro Asprilla Marmolejo, Secretary-General of the trade union of the above undertaking, simply for supporting a legal strike on behalf of the workers.
2. 154. The complainants also allege that on 17 August 1981 the CORIP SA undertaking dismissed nine workers who belonged to the Union of Workers of CORIP SA and Associated Undertakings (SITRAECOA), in order to change the proportion of permanent workers who are members of SITRAECOA and to further the Panamanian Union of Workers in the Timber Processing and Allied industries, a union which is controlled by the undertaking. The complainants point out that the administrative authority imposed a fine of 2,000 balboas on CORIP SA for unfair practices and attaches the text of the judgement dated 18 May 1982 ruling on the dismissals.
3. 155. Finally, the complainants allege that Fernando Falcón, Eliduvino Sánchez and Gabriel Castillo, members of the Executive Committee of the Union of Workers in the Paper, Notebook and Allied Industries have been dismissed, and send the text of the judgement dated 19 January 1981 authorising the dismissal of these leaders.

B. The Government's reply

1. 156. The Government states that on petition from the national workers' leadership and because of the direct interest taken by the President of the Republic, the dispute between Air Panama and the trade union of the undertaking was settled, it being agreed that the application to the judicial authority for prior authorisation to dismiss Mr. Astrilla would be withdrawn and that he would be immediately reinstated in his job. As for the dismissal of the workers at CORIP SA, the Government confirms that the Ministry of Labour and Social Welfare imposed a fine of 2,000 balboas on CORIP SA for unfair practices and that the matter of the reinstatement of the workers was submitted to the judicial authority.

C. The Committee's conclusions

1. 157. With regard to Air Panama's application to the judicial authority for prior permission to dismiss Mr. Isidoro Asprilla, Secretary-General of the union of that undertaking, the Committee notes that, on the petition by the national workers' leadership and because of the direct interest taken by the President of the Republic, the dispute between the undertaking and the union was settled, it being agreed that the application which had been made would be withdrawn and that Mr, Asprilla would be immediately reinstated in his job. Consequently, the Committee considers that this aspect of the case does not call for further examination.
2. 158. As regards the dismissal of nine workers who were members of SITRAECOA, so as to change the proportion of permanent workers belonging to that union and to further the Union of Workers in the Timber Processing and Allied Industries of Panama, a union being controlled by the undertaking, the Committee notes that the matter of the reinstatement of those workers has not been raised since, according to the judgement sent by the complainants, the nine workers were reinstated by CORIP SA, with their respective employment relations terminating immediately afterwards by mutual agreement and the enterprise being bound to pay certain benefits. Nevertheless, the Committee notes that the administrative authority imposed a fine of 2,000 balboas for unfair practices on CORIP SA, accepting that the purpose of the dismissal of the nine members of SITRAECOA was to further the Union of Workers in the Timber Processing and Allied Industries of Panama. In this respect, the Committee cannot but draw the Government's attention to the importance of the fact that the legislation should establish clear, precise and effective provisions protecting workers' organisations against any acts of interference by employers and their organisations.
3. 159. As for the dismissal of the trade union leaders, Fernando Falcón, Eliduvino Sánchez and Gabriel Castillo, the Committee notes that the judgement authorising their dismissal is based on the dissemination of insults against the employer, and representatives of the management, etc. In the trade union publication "El Delator" and which, it is claimed, are included as one of the reasons for dismissal specified in the Labour Code. The Committee has pointed out on previous occasions that the primary role of trade union publications should be to deal in their columns with matters essentially relating to the protection and furtherance of the interests of their members in particular and all workers in general, avoiding any kind of excesses in the exercise of freedom of expression. In this respect, having examined the statements made in the union newspaper "El Delator", the Committee considers that, although they cannot be justified by the principle stated, the fact that Messrs. Falcón, Sánchez and Castillo expressed themselves as trade unions leaders and in a context of occupational demands should not have incurred a penalty as serious as dismissal. Consequently, the Committee requests the Government to take measures to reinstate the trade union leaders in their former jobs.

The Committee's recommendations

1. 160. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions:
   • (a) As regards application to the judicial authority for prior authorisation to dismiss the trade union leader Isidoro Asprilla, the Committee considers that this aspect of the case does not call for further examination.
   • (b) As regards the dismissal of workers who belonged to SITRAECOA so as to further the interests of a trade union controlled by the undertaking, the Committee calls the Government's attention to the importance of the fact that the legislation should establish clear, precise and effective provisions protecting workers' organisations against any acts of interference by employers or their organisations.
   • (c) As regards the dismissal of the trade union leaders Fernando Flacón, Eliduvino Sánchez and Gabriel Castillo, the Committee requests the Government to take measures aimed at facilitating their reinstatement in their former jobs.