Definitive Report - Report No 222, March 1983

Case No 1159 (Nicaragua) - Complaint date: 22-SEP-82 - Closed

1. 44. The complaint is contained in a communication from the "Jeremías Tadeo Morazán Kuant" Trade Union of Employees of Texaco Caribbean Inc, dated 22 September 1982. This organisation sent additional information in a communication dated 5 November 1982. The Government replied in a communication dated 9 November 1982.
2. 45. Nicaragua 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 complainant's allegations

1. 46. In its communication of 22 September 1982 the "Jeremías Tadeo Morazán Kuant" Trade Union of Employees of Texaco Caribbean Inc alleges that, although 42 of the 74 employees of Texaco Caribbean Inc signed the founding document of this trade union on 23 July 1982 and its constitution on 30 July 1982, the authorities have not yet resolved whether or not to accord legal personality despite successive efforts and letters directed to this end, in contradiction of the provisions of section 195 of the Labour Code which gives the Department of Trade Union Associations a period of ten days to announce its decision on the matter.
2. 47. From the documents submitted by the complainant it emerges that the already existing trade union (the Trade Union of Petrochemical, Related and Similar Workers, Texaco Section - STIPEDS - affiliated to the Sandinista Central of Workers) opposed the creation of the new trade union, saw the number of its own members reduced to 20 in view of the numbers who had resigned their membership, and was notified in September 1982 of a request submitted by the new trade union to the judicial authorities for the dissolution of the STIPEDS, since the Labour Code stipulates that works unions can only be constituted if they comprise an absolute majority of the workers in the respective undertaking.
3. 48. In its communication of 5 November 1982 the complainant organisation states that on 30 October it was registered by the Department of Trade Union Associations and was able to obtain legal personality. The complainant organisation expresses its thanks to the ILO for the co-operation extended in the matter.

B. The Government's reply

1. 49. In its communication of 9 November 1982, the Government declares that whenever the Department of Trade Union Associations of the Ministry of Labour receives a request from trade unions for registration and the granting of legal personality, such request is examined to ascertain that none of the relevant legal provisions in force is being violated. The Government adds that in the case submitted by the complainant organisation there were circumstances that were not clear once these doubts had been cleared up the "Jeremías Tadeo Morazán Kuant" Trade Union was registered on 20 October 1982 and it was granted legal personality.

C. The Committee's conclusions

1. 50. The Committee notes with interest that the "Jeremías Tadeo Morazán Kuant" Trade Union of Employees of Texaco Caribbean Inc was registered by the Department of Trade Union Associations of the Ministry of Labour on 20 October 1982 and was granted legal personality.
2. 51. The Committee notes that, according to the Government, the delay in registering and granting legal personality to this union (requested at the end of July 1982) was due to a number of circumstances which were not clear. The Committee observes in this connection that from the documents sent by the complainant it emerges in any event that in September 1982 a request was submitted to the judicial authorities for the dissolution of the previously existing trade union (STIPEDS), whose membership had dropped below the number required by the law. In these circumstances, since the "Jeremías Tadeo Morazán Kuant" Trade Union of Employees of Texaco Caribbean Inc has been granted legal personality, the Committee considers that this case does not call for further examination.

The Committee's recommendations

1. 52. In these circumstances, the Committee recommends the Governing Body to decide that this case does not call for further examination.