Interim Report - Report No 226, June 1983

Case No 1140 (Colombia) - Complaint date: 07-JUN-82 - Closed

1. 274. The Workers' Trade Union Confederation of Colombia presented its complaint on 7 June 1982. The Government replied in a communication dated March 1983 and a further communication dated 23 April 1983.
2. 275. 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. The complainant's allegations

1. 276. The Workers' Trade Union Confederation of Colombia (CSTC) cites the following instances of alleged violations of trade union rights in Colombian undertakings:
   • - the Colgas S.A. Group has closed its El Llano branch and requested that the trade union's legal status be suspended; in addition, it has penalised three leaders of the trade union, including the president;
   • - the Colombian Tobacco Company has had trade union leaders imprisoned, intends to dismiss them, has penalised them and, through the compulsory arbitration tribunal, is endeavouring to restrict the acquired rights of the workers;
   • - Uniroyal Croydon has requested that the trade union's legal status be suspended simply on the grounds that it submitted grievances in defence of the workers' interests;
   • - Larco S.A has requested authorisation from the Ministry of Labour to dismiss 50 per cent of its staff in a Lid to eliminate the trade union;
   • - Cerámicas del Valle Ltd dismissed the union's entire executive committee on 8 May 1982;
   • - the National Glass Company is planning to dismiss 610 workers, refuses to negotiate the workers' list of grievances and has submitted counter-demands aimed at restricting certain rights of the workers;
   • - since the end of a legal strike led by the workers in support of their list of grievances, the Tejicóndor Company has not allowed trade union leaders and activists to enter the undertaking to work.
2. 277. The CSTC further alleges that the National Federation of Coffee Growers and the Alma-Café Company are creating co-operatives to eliminate the trade union. The methods employed to persuade the staff to leave the trade union have in recent years included the dismissal of over 530 unionised and non-unionised workers.

B. The Government's reply

1. 278. In its communication dated March 1983, the Government states that the closing of the Colgas S.A. Group is being reviewed by the Ministry of Labour and Social Security. By law, it is far the Ministry to decide whether or not to authorise the closure of an undertaking or the collective dismissal of workers after examining the technical or economic grounds advanced for doing so.
2. 279. The Government also states that, following a strike in the Colombian Tobacco Company, an arbitration award was made which is binding on the parties concerned; the undertaking did not dismiss any trade unionists but penalised two of them. According to the Government, the persons referred to were not imprisoned at the request of the undertaking but were arrested in connection with criminal investigations into the death of two police officers and the injuries sustained by a company watchman in the vicinity of the barricades put up by the workers during the strike. These events took place in Medellin.
3. 280. With regard to Uniroyal Croydon, the Government states that the company did not at any time present a request for the suspension of the trade union's legal status but merely requested the Departmental Division of Labour and Social Security of Cundinamarca to investigate the activities of the union which had used the notice boards allocated to it for purposes unconnected with its trade union activities.
4. 281. The Government also states that Cerámicas del Valle Ltd was penalised by the Ministry for having violated certain provisions of the labour legislation by dismissing three members of the union's executive committee without reasonable grounds and three other members with reasonable grounds. The undertaking claimed that the six trade unionists were not entitled to trade union immunity because, after they were initially elected to the executive committee, the trade union organisation allowed the deadline for holding a new meeting for elections to pass.
5. 282. With regard to the National Federation of Coffee Growers and the Alma-Café Company, the Government states that the Ministry of Labour and Social Security has no record of any complaint concerning trade union harassment and that the continued existence of the trade union - which was not eliminated through the creation of co-operatives - and the signing of two collective agreements on 15 July 1962 are clear proof that an understanding exists between the employers and the workers. As to the dismissal of 530 workers, the Government states that the allegation is groundless since any mass dismissal requires the authorisation of the Ministry of Labour and that such has not been the case.
6. 283. The Government generally points out that, during the period to which the allegations refer (the first half of 1982), the serious financial difficulties encountered by numerous national undertakings as a result of the severe economic crisis has made it necessary in many cases to reduce staff; certain undertakings have even gone bankrupt and disappeared completely.
7. 284. In its communication dated 23 April 1983, the Government states that the Ministry of Labour and Social Security has penalised Larco S.A for conducting collective dismissals. The Government adds that the allegations relating to the National Glass Company are false since collective bargaining resulted in the signing of a collective agreement on 7 July 1982; no request has been received for authorisation to conduct collective dismissals and no complaint has been submitted concerning dismissals or trade union harassment. Finally, with regard to Tejicóndor, the Government states that on 6 August 1982 the Ministry of Labour and Social Security authorised the dismissal of 64 workers in view of the economic difficulties faced by the undertaking; an appeal has been lodged against the decision with the council of State by the trade union and is currently awaiting the Council's decision.

C. The Committee's conclusions

1. 285. The Committee notes the complainant's allegations of arrests, dismissals, anti-union discrimination and outside interference, and the Government's reply.
2. 286. The committee notes, in particular, the Government's statement that the closure of the Colgas S.A. Group which the complainant alleged had requested the suspension of the union's legal status - is being reviewed by the Ministry of Labour and Social Security which will decide whether or not to authorise it. The Committee also notes that, according to the Government, the allegation that the National Federation of Coffee Growers and the Alma-Café Company have conducted mass dismissals is groundless and that the Ministry of Labour has not authorised any such mass dismissals in these undertakings, as would be required in any such eventuality.
3. 287. The Committee likewise notes the Government's assertion that the Colombian Tobacco Company did not dismiss any trade unionists but did penalise two of them. It further observes that the arrest of trade union leaders in the undertaking referred to Ly the complainant occurred in correction with criminal investigations into attacks on the life and safety of persons in the vicinity of the barricades set up by the workers during the strike. With regard to these allegations, the Committee requests the Government to indicate in what way the two trade union leaders referred to by the complainant were penalised and the grounds adduced therefore and whether the trade union leaders who were arrested have since Leer released and have been, cleared of all charges.
4. 288. The Committee observes, furthermore, that according to the Government, a binding arbitration award has put an end to the strike in the Colombian Tobacco Company and that, judging from the allegations, the award was imposed against the will of the trade union. The Committee feels obliged to point out in this respect that the substitution of compulsory arbitration for the right to strike by legislative means as a manner of resolving labour disputes could only be justified in respect of the public service or of essential services in the strict sense of the term. Apart from such cases, it would be contrary to the right of workers' organisations to organise their activities and formulate their programmes (Article 3 of Convention No. 87).
5. 289. The Committee notes the Government's statement that Uniroyal Croydon did not at any time request the suspension of the trade union's legal status. The Committee also notes that collective bargaining with the National Glass Company resulted in the signing of a collective agreement and that the Ministry of Labour and Social Security has not received any request for authorisation to conduct collective dismissals or any complaint concerning dismissals or trade union harassment.
6. 290. With respect to Cerámicas del Valle Ltd, the Committee notes the Government's statement that three members of the union's executive committee were dismissed on reasonable grounds and three others without reasonable grounds, and that the undertaking was penalised accordingly by the Ministry of labour. The Committee requests the Government to indicate whether the union leaders dismissed without reasonable grounds have been able to return to their former jobs and the grounds adduced for the dismissal of the other three.
7. 291. With regard to the request allegedly submitted to the Ministry of Labour and social security by Larco S.A for authorisation to dismiss 50 per cent of its staff in a bid to eliminate the trade union, the Committee notes the Government's statement that the said Ministry has penalised the enterprise for conducting unwarranted collective dismissals. The Committee requests the Government to indicate in what way Larco S.A was penalised and whether appropriate steps have been taken for the reinstatement of all the workers who were dismissed for trade union reasons.
8. 292. The Committee observes that the Government has not yet sent its observations on the allegations concerning the penalising of three trade union leaders at the Colgas S.A. Group and the refusal of Tejicóndor to allow trade unionists and union leaders to enter the company's premises following the workers' strike in support of the list of grievances they had presented.

The Committee's recommendations

1. 293. In these circumstances, the Committee recommends the Governing Body to approve this interim report and, in particular, the following conclusions:
   • (a) The Committee requests the Government to indicate in what way the Colombian Tobacco company penalised the trade union leaders referred to by the complainant and the grounds adduced therefore and whether the union leaders who were arrested for endangering the life and safety of persons in the vicinity of the barricades set up by the workers during the strike have been released and cleared of all charges.
   • (b) With regard to the binding arbitration award which was apparently imposed against the will of the trade union of the Colombian Tobacco Company, the Committee draws the Government's attention to the fact that the substitution of compulsory arbitration for the right to strike by legislative means as a manner of resolving labour disputes could only be justified in respect of the public service or o£ essential services in the strict sense of the term. Apart from such cases it would be contrary to the right of workers' organisations to organise their activities and formulate their programmes embodied in Article 3 of Convention No. 87.
   • (c) The Committee requests the Government to indicate whether the three trade union leaders of Cerámicas del Valle Ltd who were dismissed without reasonable grounds have been able to return to their former jobs and the grounds adduced for the dismissal of the other three union leaders.
   • (d) The Committee requests the Government to indicate in what way Larco S.A was penalised for conducting unwarranted collective dismissals and whether appropriate measures have been taken to reinstate all the workers who were dismissed for trade union reasons.
   • (e) The Committee requests the Government to send its observations on the allegations to which it has not replied, namely the penalising of three union leaders at the Colgas S.A. Group and the refusal of Tejicóndor to allow trade unionists and union leaders to enter the company's premises following the workers' strike in support of the list of grievances they had presented.