Report in which the committee requests to be kept informed of development - Report No 286, March 1993

Case No 1655 (Nicaragua) - Complaint date: 09-JUN-92 - Closed

1. 267. The complaint which is the subject of the present case is contained in a communication dated 9 June 1992 from the Sandinista Workers' Confederation of Nicaragua (CST). The Government's comments were transmitted in the communication dated 21 October 1992.
2. 268. Nicaragua has ratified both the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87) and the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 269. In its communication of 9 June 1992, the complainant alleges that once the new Government had assumed power, payroll deductions of trade union dues, which had been done with the full agreement of union members, were suspended unilaterally with the aim of causing economic harm to the National Union of Education Workers - National Association of Teachers (ANDEN). It points out that this was a major achievement by the union ANDEN and was incorporated in numerous collective agreements.
2. 270. At the same time, the complainant organization alleges that a campaign of persecution has been unleashed against ANDEN leaders, nine of whom have suffered unfair dismissal at the following places: the town of la Concepción (Masaya District); the town of Sebaco (Matagalpa District); Ometepe Island (Rivas District); the Ministry of Education Headquarters; the City of Sandino (Managua District); and the capital, Managua.
3. 271. Finally, the complainant organization claims that after a new executive board of ANDEN had been elected in September 1991, the Ministry of Labour was asked by the Ministry of Education to withhold recognition of the new executive on the grounds of irregularities of form. It points out that, as a result of the request, the Ministry of Labour rejected the application to register the board, thus refusing to bring its legal status up to date or to recognize the authorized representatives.

B. The Government's reply

1. 272. In its communication of 21 October 1991, the Government refers to the comments it made in connection with Case No. 1586 (cf. 284th Report of the Committee, para. 930), relating specifically to the allegation that payroll deductions of trade union dues had been suspended. With regard to the alleged dismissals of union leaders, the Government states that no complaint has been filed.
2. 273. Finally, with regard to the claim that registration of the new executive board of ANDEN was refused by the Ministry of Labour, the Government states that, according to a written document submitted by the Ministry of Education, the elected members were not employed by that Ministry. It explains that the Directorate of Trade Union Associations issued a resolution on the matter, which stated the necessity of restructuring the elected executive board of ANDEN on the basis of membership by non-management employees with a professional connection to the Ministry of Education, in accordance with section 2 of the Labour Code and sections 1, 5, 22 and 35 of the Trade Union Regulations. Finally, the Government points out that on 31 August 1991 the executive committee of ANDEN was registered since there was no objection by the current administration of the Ministry of Education to the leaders of ANDEN on the grounds of their not working for that Ministry or occupying managerial positions. The Government points out that an application for protection (amparo) has been lodged by the union in question and is now before the Supreme Court.

C. The Committee's conclusions

1. 274. As regards the alleged ban on payroll deductions of trade union dues, the Committee notes that it has already dealt with this claim in its examination of Case No. 1586 (Nicaragua) in November 1992. On that occasion, the Committee noted the existence of a ministerial resolution banning the deduction from payrolls of union subscriptions, while also noting the Government's comments that the resolution in question allows employers to deduct trade union dues at the source wherever this is expressly authorized by workers. Under these circumstances, the Committee reaffirms the conclusions reached at its last meeting (cf. 284th Report of the Committee, para. 935), in which it requested the Government "to take the necessary steps to amend this resolution so that its provisions are aligned with the practice described by the Government, and established through collective agreements".
2. 275. As regards the alleged dismissals of nine ANDEN leaders in different parts of the country, the Committee notes the Government's statement that no complaint has been lodged. The Committee asks the Government to investigate the grounds for such dismissals and, in the event of their being motivated by anti-union reasons, to reinstate the dismissed leaders in their posts. The Committee requests the Government to keep it informed on this matter.
3. 276. As regards the refusal by the Ministry of Labour to register the new executive of ANDEN, the Committee notes the Government's statement that it was based on the fact that various members of this new executive board were not employed by the Ministry of Education, or occupied managerial positions. The Committee notes that registration subsequently took place, no objections having been expressed by the current administration of the Ministry of Labour. The Committee also notes that the union ANDEN has lodged an application for protection (amparo) with the Supreme Court against the initial refusal to register, grounds for which were the fact that members of the executive were not Ministry of Education personnel.
4. 277. Under those circumstances, the Committee reminds the Government that it is the prerogative of workers' and employers' organizations to determine the conditions for electing their leaders, and that the authorities should refrain from any undue interference in the exercise of that right, which is established in Convention No. 87. The Committee requests the Government to inform it of the Supreme Court's ruling on the application for protection relating to conditions for the election of union leaders.

The Committee's recommendations

1. 278. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee again requests the Government to take the necessary steps to amend the ministerial resolution concerning the prohibition of trade union check-off, so that its provisions are aligned with the practice described by the Government and established through collective agreements.
   • (b) The Committee requests the Government to investigate the grounds for the dismissal of the nine ANDEN leaders referred to by the complainant and, in the event that the dismissals were based on anti-union reasons, to reinstate them in their posts. The Committee asks the Government to keep it informed on this matter.
   • (c) Drawing the Government's attention to the principle that the authorities should refrain from any undue interference in the exercise of the right of workers' and employers' organizations freely to elect their representatives, which is guaranteed by Convention No. 87, the Committee requests the Government to keep it informed of the outcome of the application for protection (amparo) lodged by the union ANDEN.