Interim Report - Report No 278, June 1991

Case No 1549 (Dominican Republic) - Complaint date: 31-AUG-90 - Closed

1. 510. The Committee examined this case at its February 1991 meeting and presented interim conclusions on the alleged violations of freedom of association and trade union rights, which were approved by the Governing Body at its 249th Session (February-March 1991). (See 277th Report, paras. 420-447.)
2. 511. The Government sent detailed information on this case in communications dated 12 and 18 March 1991.
3. 512. The Dominican Electricity Corporation Workers' Trade Union (SITRACODE) presented new allegations relating to this case in a communication dated 15 March 1991.
4. 513. The Dominican Republic 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. Previous examination of the case

1. 514. This case concerned a labour dispute which began in August 1990 in the Dominican Electricity Corporation. This dispute was marked by strikes, the occupation of the headquarters of the Dominican Electricity Corporation Workers' Trade Union (SITRACODE), the surrounding of the said premises by law enforcement agents, the arrest, in some cases violent, of some 18 trade union leaders and activists, their detention over a period of five days, the invalidation of the trade union's executive committee, and the mass dissmissal of some 2,000 workers. Efforts at conciliation had been undertaken under the auspices of the Catholic church, with the signing of a social pact in early September, to examine the situation and submit a report to the President of the Republic. At the same time, complaints had been submitted by SITRACODE leaders and the enterprise management to the Secretary of State for Labour, alleging violations of the collective agreement. An inquiry instituted by the Government had not been completed, allegedly because of the refusal of trade union leaders to receive the labour inspectors responsible for the inquiry. New demonstrations and a solidarity strike were called for 19 to 21 November by several trade union confederations in the country in support of SITRACODE's demands. Following this protest action, described as political by the Government since strikes are forbidden in the administration, public services and public utilities, the Government instituted legal proceedings with the aim of cancelling the legal personality of the trade union confederations concerned. According to the information supplied by the Government itself, as a result of these proceedings the leaders of the confederations faced penalties ranging from fines to imprisonment, or both.
2. 515. On the basis of the Committee's interim conclusions, the Governing Body approved the following recommendations:
3. (a)The Committee requests the Government to ensure respect of the principle that the right to strike is an essential means available to workers and their organisations to defend their economic and social interests.
4. (b)The Committee requests the Government to guarantee that when strikes are limited or prohibited in essential services, such as electricity services, the workers benefit from compensatory procedures for the settlement of disputes and the presentation of their demands.
5. (c)Consequently, the Committee urges the Government to ensure that adequate, impartial and speedy conciliation and arbitration procedures, in which the parties concerned can take part at every stage, be instituted in order to resolve this dispute, and that the awards be implemented fully and promptly, and requests the Government to keep it informed in this regard.
6. (d)The Committee notes that for several years the Committee of Experts on the Application of Conventions and Recommendations has addressed similar comments to the Government, and it draws the attention of said Committee to the legislative aspects of this case.
7. (e)The Committee requests the Government to reply to the allegations to which it has not already done so concerning the dismissal of striking workers, the surrounding of trade union premises, the arrest of trade union leaders and activists, the invalidation of the trade union's executive committee and the enterprise's contention that the collective agreement is null and void.
8. (f)In addition, the Committee notes with concern that the Government has instituted legal proceedings with the aim of cancelling the legal personality of several of the country's trade union confederations and sentencing the union leaders of these confederations for having declared a two-day strike; the Committee requests the Government not to pursue the proceedings it has instituted against the confederations and their officers.
9. B. The Government's reply
10. 516. In communications dated 12 and 18 March 1991, the Government supplied information on all of the Committee's recommendations.
11. 517. As regards paragraph (a) of these recommendations, the Government states that the right to strike is guaranteed by the Constitution of the Republic and that it is exercised in accordance with sections 368 and following of the Labour Code. It adds that some of the restrictions on the right to strike contained in the current Labour Code have been left out of the draft Code, regarding which a tripartite dialogue is now under way. They will be discussed at a seminar to be held from 23 to 26 May 1991 under the auspices of the ILO, before being submitted to the National Congress.
12. 518. Referring to paragraph (b) of the recommendations, the Government states that in cases where the right to strike is prohibited (section 370 of the Labour Code), legislation guarantees trade unions an arbitration procedure for the settlement of disputes (section 636 of the Labour Code). Moveover, if the dispute concerns wages, the workers can appear before the National Wage Board (section 370 of the Labour Code).
13. 519. Concerning paragraph (c), the Government expresses the opinion that the adoption of the draft Labour Code will considerably improve the possibilities open to the workers and their occupational organisations to take part in adequate, impartial and speedy conciliation and arbitration procedures, and the Government trusts that it will obtain the collaboration of the ILO. In this respect, the Government states that the draft Code has been communicated to the Deputy Director of the ILO Office for Central America, and the Regional Adviser for workers of the ILO Office in Mexico.
14. 520. In reply to the complainants' allegations referred to in paragraph (e) of the recommendations, the Government states that the trade union premises are by no means surrounded by law enforcement agents at present. As regards the alleged invalidation of the executive committee of the trade union (SITRACODE), the Government reiterates that it has not been dissolved. In this connection it encloses a copy of Resolution No. 9/91, adopted by the new Secretary of State for Labour. This Resolution cancelled the registration of the executive committee of the parallel trade union of the workers employed in the Dominican Electricity Corporation on 19 January 1991, and ordered that the registration of the executive committee of the Dominican Electricity Corporation Workers' Trade Union (SITRACODE), dated 9 March 1990, remain valid. The Government also points out that the collective agreement is still in force and that, at the initiative of the new Secretary of State for Labour, a mediation procedure is now under way between the Dominican Electricity Corporation (CDE) and its trade union (SITRACODE). The Government encloses with its reply press cuttings reporting on these activities.
15. 521. Lastly, as regards the final paragraph of the recommendations, the Government states that, in a letter to the Court in question, dated 13 March 1991, the new Secretary of State for Labour withdrew the suits brought by his predecessor on 20 and 21 November 1990 under Act No. 5915, as amended by Act No. 680 of 31 March 1965, against the trade union confederations which took part in a strike held from 19 to 21 November 1990. Stressing that the facts which gave rise to these proceedings no longer exist, the Secretary of State for Labour requested the Court to consider them null and void. Moreover, the Government states that the prohibition on solidarity strikes has been removed from the draft Labour Code currently being prepared.
16. C. New allegations of the complainant 522. In a communication dated 15 March 1991, SITRACODE alleges that 602 workers employed in the Dominican Electricity Corporation were dismissed in February 1991 for trade union activities, and that trade union leaders and activists of this Corporation were arrested and detained in February and March 1991.

D. The Committee's conclusions

1. 523. With reference to its recommendations, and in the light of the recent information communicated by the Government, the Committee notes that the registration of the parallel trade union set up on 19 January 1991 in the Dominican Electricity Corporation has been cancelled by Resolution No. 9/91 adopted by the new Secretary of State for Labour, and that the registration on 9 March 1990 of the executive committee of the Dominican Electricity Corporation Workers' Trade Union (SITRACODE) has been confirmed.
2. 524. The Committee also notes that the proceedings instituted against several trade union confederations, with the aim of cancelling their legal personality for having held a solidarity strike in support of SITRACODE, have been withdrawn.
3. 525. As regards the settlement of the collective dispute in the Dominican Electricity Corporation, the Committee notes that the collective agreement signed between SITRACODE and the enterprise management, the validity of which had been challenged since the beginning of the dispute, is still in force, and that at the initiative of the new Secretary of State for Labour a mediation procedure is now under way between the leaders of SITRACODE and the enterprise management.
4. 526. The Committee also takes due note of the fact that the trade union premises are not surrounded by police forces. However, it notes that the Government has not supplied any information concerning the question of dismissals of striking workers referred to in paragraph (e) of its earlier recommendations.
5. 527. Regarding the legislation, the Committee notes that the right to strike is guaranteed by the Constitution and that it is to be exercised in accordance with provisions of the Labour Code. In this respect, the Committee welcomes the fact that a draft Labour Code is currently the subject of a debate between the social partners and that it will also be discussed at the seminar to be held on 23 to 26 May 1991 under the auspices of the ILO. According to the Government, this draft limits the scope of restrictions on the right to strike, leaves out the prohibition on solidarity strikes, and should improve the possibilities for trade union organisations to engage in adequate, impartial and speedy conciliation and arbitration procedures.
6. 528. Lastly, the Committee notes that, owing to the late arrival of SITRACODE's most recent allegations, the Government has not yet replied to them.

The Committee's recommendations

1. 529. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee takes due note of the fact that the SITRACODE trade union leaders and the Dominican Electricity Corporation management are engaged in a mediation procedure, at the initiative of the new Secretary of State for Labour, with a view to settling the collective dispute concerning conditions of employment of the workers in this enterprise, on the basis of the current collective agreement. The Committee invites the Government to supply information on the outcome of these negotiations.
   • (b) The Committee repeats its request that the Government supply information on the situation of the striking workers arrested and/or dismissed during this dispute.
   • (c) As regards the legislation, the Committee notes that a draft Labour Code has been prepared. It hopes there will be consultations on this draft with the employers' and workers' organisations, and the ILO, and that this draft will bring the law into conformity with the ILO's principles on the right to strike. The Committee draws the attention of the Committee of Experts on the Application of Conventions and Recommendations to the legislative aspect of this case.
   • (d) The Committee requests the Government to supply information concerning the new allegations presented by SITRACODE.